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Chart - Intentional Torts Intentional Tort Example Elements Defences Strategies & Notes False Imprisonment (pp. 77 - 78) Sales clerk stops a person who (s)he

Chart - Intentional Torts

Intentional Tort Example Elements

Defences

Strategies & Notes

False Imprisonment

(pp. 77 - 78)

Sales clerk stops a person who (s)he thinks is shoplifting

Nichols v. Wal-Mart Canada Corp., 2003 CanLII 41235 (ON SC)

Plaintiff must prove:

  • Deprivation of liberty, and
  • Against the will of the person detained, and
  • Caused by defendant

Defence is "legal authority":

  • A crime was committed by someone, and
  • Reasonable grounds to believe the detained person committed a crime

  • "Deprivation of liberty" can be physical restraint, threat of physical restraint, or the impression that failure to remain will cause public humiliation or physical restraint
  • Citizens have right to arrest person in act of shoplifting
  • Security guards have no more rights than an ordinary person
  • Remedies will likely include aggravated damages and possibly pecuniary (compensatory) damages

Malicious Prosecution

Trespass to Land

Trespass to Goods

Conversion
Nuisance

Assault

Battery
Intrusion upon Seclusion

Defamation: Slander

Defamation: Libel

Injurious Falsehood

Deceit

Passing Off

Inducing Breach of Contract
Inducing Breach of Confidential Information
Intentional Interference with Economic Relation

Vocabulary Page Reference in Text
Tort
Intentional Tort
Unintentional Tort
Vicarious Liability
Remedy

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