Chapter 4 Intentional Torts - excel Sheet with questions and answers --concepts PDF

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Summary

key concepts in Ch.4 that will be tested on for midterm 1&2.
Questions and answers are in this sheet. you can choose to hide the answers and test yourself that way....

Description

Explain the general nature of intentional torts and define “intention” as it applies to those torts. Describe and distinguish the torts of assault and battery. Identify a situation in which battery presents a particular danger for businesspeople who occasionally attract undesirable customer

an intention to perform a physical act /// Commitment to carry out an action in the future.

when defendent intentionally causes plaintiff to beilieve that offensive bodily contact is imminent (about to happen); reasonable belief that such contact will occur / defendent causes offensive body contact bar bouncers & security injure people when trying to evict them from events

Explain the concept of reasonable force is important to the tort of battery.

you can only use reasonable force (self-defence) to protect yourself, other people and your property, not anything else.

List 4 reasons why tort law does not yet contain a separate tort of invasion of privacy.

They want to support freedom of expression and information // Difficulty calculating compensatory damages // Do not want to award celebs who seek publicity then complain if there is any (-)tive ffeedback about them // Do not want to define the concept of privacy that fails to strike a fair balance btwn both parties.

List 5 ways in which tort law may indirectly protect privacy interests. Explain the tort of false imprisonment and describe how a business can protect itself against liability.

Trespass to Land // Breach of Confidence // Intentional Infliction of mental distress // Abuse of private information // MIsappropriation of Personality // Negligance Occurs when a person is confined w/in a fixed complete space, doesn't have to be prison, could be boat, a car, etc. // A business can reduce liability by calling a police officier (has more power) instead of directly arresting suspect YOU CANNOT DIRECT THE OFFICIER--> let officier make decision.

Describe the tort of malicious prosecution.

When defendent improperly causes the palintiff to be prosecuted (in criminal proceedings). //

Describe the tort of trespass to land and explain when a business is entitled to prohibit people from coming onto its premise.

When defendent interferes with plaintiff's land. //

Identify and explain 4 complete defences and two partial defences.

Consent // Legal Authority // Self-Defence // Necessity ;;;;;;;; /// Provocation // Contributory Negligence

imprisonment is false only if it is done without authority

// CONSENT is a complete defence to ALL intentional torts (tort does not happen unless there is an agreement)

it is enough to intend to do the act even if there was no intention do cause damages. // A business can revoke its consent, if customer is still on property, they are a trespasser....