Tort Elements

Front 1

Battery

Back 1

Intentional physical contact without consent.

Front 2

Assault

Back 2

Intentional creation in the mind of another of a reasonable apprehension of immediate physical contact. Conditional threats, future threats, and words alone without some overt act cannot constitute assault. Court is reconsidering these limitations and increasingly focusing instead in the impression created in the plaintiff’s mind.

Front 3

False Imprisonment

Back 3

Originally intended for wrongful incarceration.
Encompasses most situations where one’s movement is intentionally restrained.
Lawful justification is a defence.

Front 4

Malicious Prosecution

Back 4

the prosecution must have been conducted with malice or a purpose other than that of carrying the law into effect.

Front 5

Invasion of Privacy

Back 5

Common law invasion piecemeal, usually in conjunction with other torts. Not clear it could be a cause of action without an underlying tort.

BC Privacy Act
•Willful and without right violation of privacy of another
•Nature and degree of privacy entitled to is that which is reasonable in the circumstances
•In determining whether an act violates another’s privacy regard must be given to nature, incidence, and occasion of the act or conduct and to any relationship between the parties.
•Privacy may be violated by eavesdropping or surveilance whether or not accomplished by trespass.

Hint 5

Hollinsworth v. BCTV