MGMT 3230 Study Guide - Final Guide: Canadian Pacific Railway, Qualified Privilege, False Imprisonment

• School: Mount Royal University
• Department: Management
• Course: MGMT 3230
• Professor: lorenzo petrin

Document Summary

Tort of trespass arises in one of 2 ways: State can put you in prison citizens cannot. **damages are usually minimal = very difficult to get 17475$ awarded to you by gov"t. Sense of security, fear, privacy = violated // **as a result, a preferred remedy is an injunction, considering the type of damages. Overall, people just want the behaviour to stop and not the 17475$ False imprisonment: if you have, evidence/eye witness that someone stole something // if they detain you // if they call you over, So, the test: unlawful detention or physical restraint (includes the perception that restraint exists) Can"t have suspicion or even reasonable belief of guilt is not sufficient to justify restraint // you need eye witness or evidence to justify. Defence against the tort : must prove to have witnessed the crime: if you can witness it, you can sue. Torts and criminal law overlap (intentional torts): torts of assault & battery.