12. Remedies and Costs

$135,000 - The Fly Kick

Glossary 2018
The disputed point in a disagreement between parties in a lawsuit. Removal - The transfer of a state case to federal court for trial. Contracts Criminal law Evidence Property Wills , trusts , and estates. Notify me of follow-up comments by email. A mere unlawful arrest ,for example amounts to false imprisonment and so does the act by which a man is prevented from leaving the place in which he is: The plaintiff handed over the penny , went through the turnstile and waited on the wharf for the ferry to arrive and pick him up.

Secure it with fences

False Imprisonment as a tort

For my employment law students, we discuss how torts are legal rules developed by judges over time when they think that someone ought to be prohibited from doing something to someone else. Judges have resisted, and sometimes governments have stepped in to deal with the issue by passing privacy legislation.

Ontario has not legislated a general right to privacy, and courts have been reluctant to develop a distinct tort. It is summarized from paragraphs The Intrusion caused anguish and suffering although the Court suggests this last one will be assumed when the first three are satisfied.

That is an argument that has succeeded before, such as in Seneca College v. One may retort that the fact that the government elected to impose privacy responsibilities only on organizations signals its desire to not to impose such duties individuals. However, the Court rejected that claim. Certainly, it cleans up the law and provides a clearer roadmap as to what is allowed and what is not. It will no doubt halt some practices we occasionally see in employment.

McDonalds, which the court in Jones cited approvingly , or other personal information not otherwise publicly available, this tort would seem to apply. Do any employers do this? What about locker searches at work? What about an employer who secretly monitors private emails of employees, or web browsing by employees. Is software that tracks employee mail and internet use an unauthorized intrusion into employee privacy?

If so, is the employer safe provided it posts an internet useage policy warning employees that they are being watched? The tort might also end up being important in cases when employers send out private investigators to spy on employees they think are malingering and pretending to be disabled.

Would videotaping a person in their home by such a person be caught by this new tort? Those are my off the cuff thoughts. How do you think this new tort might influence employment and labour law? What Is Vicarious Liability? What Is Product Liability? What is an Injunction? The Mailbox Rule and Contract Law. The Elements of a Crime: What Is Tort Law? Business Law for Teachers: Intro to Criminal Justice.

AP Comparative Government and Politics: Practice and Study Guide. Assault is a tort and occurs when one person intentionally places anther in a state of fear. Tort Law on Assault Two men walk outside the bar Certain elements must be present to prove an assault occurred: The plaintiff perceived immediate physical contact with the defendant Plaintiff had suspicion that he was in imminent danger The actions of the defendant, or tortfeasor, were intentional, not accidental In other words, the plaintiff must prove that tortious conduct occurred and that the conduct was exacted against him and resulted in some type of damage.

Assault and Battery What happens when a threat turns to a violent act? The elements for assault and battery are the same with the addition of a few more that involve: Physical touch that was harmful and offensive The touch was intentional The touch caused fear and physical harm The touch was uninvited When we last visited the bar, the two men were only exchanging threats.

Want to learn more? Select a subject to preview related courses: Aggravated Assault Similar to assault and battery, aggravated assault involves a violent physical act against another person, but with the intent to cause serious intentional physical harm. There are elements that are required to prove aggravated assault: Plaintiff felt imminent fear The act was committed with force a deadly weapon that would cause serious bodily injury Defendant had the ability to apply deadly force enough to cause serious injury A deadly weapon does not always have to be a gun or a knife.

Lesson Summary Assault is a tort , and means, in common law, that someone did wrong to another person. Learning Outcomes When you have finished this lesson, you should be able to: Define tort and assault List and describe the three types of assault Understand that under tort law, there is a plaintiff and a tortfeasor, or defendant, involved Define pecuniary damages Identify the three elements that must be present to prove that an assault, or tortious conduct, occurred List the additional three elements that must be present in order to prove aggravated assault Determine whether or not an event qualifies as assault.

Unlock Your Education See for yourself why 30 million people use Study. Become a Member Already a member? Earning College Credit Did you know… We have over college courses that prepare you to earn credit by exam that is accepted by over 1, colleges and universities. To learn more, visit our Earning Credit Page Transferring credit to the school of your choice Not sure what college you want to attend yet?

Browse Articles By Category Browse an area of study or degree level. Careers for Reading Lovers Become a Topographer: Step-by-Step Career Guide Mycologist: How to Choose Web Production Specialist: How to Become a Chief Nurse: Education and Career Roadmap.

You are viewing lesson Lesson 3 in chapter 21 of the course:. History of American Law. Contract Law and Third Party Product Liability and Consumer Torts in Business Law. The Role of Agency in Business Certificate Program Effective Communication in the Workplace: Help and Review Introduction to Public Speaking: Lesson Plans Ethics in Advertising: Lesson Plans Environmental Issues in Business: Latest Courses Computer Science Network Forensics Computer Science Standards 12th Grade English: Popular Lessons What is Human Behavior?

Create an account to start this course today. Like this lesson Share. Browse Browse by subject. Enrolling in a course lets you earn progress by passing quizzes and exams. Take quizzes and exams. Earn certificates of completion. You will also be able to: Create a Goal Create custom courses Get your questions answered. Upgrade to Premium to add all these features to your account! Start your FREE trial. What best describes you? Choose one Student Teacher Parent Tutor.

What's your main goal? Your goal is required. Email Email is required. Email is not a valid email. Email already in use. Cancel before and your credit card will not be charged.

Your Cart is Empty. Please Choose a Product. Password must be at least 8 characters long. Password may only be 56 characters long. Password Confirm Password confirm is required. Password confirm must be at least 8 characters long. Password confirm may only be 56 characters long. Password confirm does not match password. Unlimited access to all video lessons Lesson Transcripts Tech support.

See all other plans. Streaming videos that cover every part of the exam, to help you get your best grade or score Download videos with ease Full transcripts of each lesson Unlimited practice tests —so you're completely confident on test day Mobile app —study anywhere 1-on-1 support from instructors.

See all other plans See the Teacher's Edition. Don't worry, we'll email you right away with all the details You are free to cancel online, anytime, with just a few simple clicks And if you have any questions, you can reach out anytime. First Name Name is required.

Last Name Name is required. Phone Number Don't worry. We won't call unless you want us to. Phone number is required. Phone number is invalid. Have a Coupon Code? Once your payment is confirmed through PayPal, you'll get automatically redirected to Study.

You have not applied your coupon. You're on your way to a new account. Card Number Have a Coupon Code? Card number is required. Credit card number invalid. Please correct or use a different card. This card has been declined.

Whether plaintiff's knowledge about his detention is of any importance?