ACCT-311 Lecture Notes - Lecture 4: Grievous Bodily Harm, False Imprisonment, Utility Knife
18 Mar 2016
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Tort: assault(reason appre), battery(actual force) but lower threshold of proof, doesn"t quite fulfill the criminal offense, a) unintentional & b) unconsented. Voluntary consent you are freely and voluntarily consenting to the situation. Bertuzzi & moore case: jumped on back -> broke vertebrae -> never played again. Criminal charges were given to bertuzzi, successfully million damages. Factors not only nhl career nor intellectual capacity couldn"t go to school(disclosure act enabled it to be public, just a rumor: self defense. You are allowed to defend yourself in a reasonable matter. Limit on self-defense: must use a reasonable level of force to defend yourself, but not more force than was necessary. Enough force to neutralize the situation, but not cause grievous bodily harm. False imprisonment: intentional confinement to a fixed area without justification/lawful authority. What about detaining someone under a citizens arrest. If accused is held for an alleged crime, the crime must have been actually witnessed by someone.
