LAW 122 Lecture Notes - Lecture 2: Malicious Prosecution, False Imprisonment, Legal Personality
12 Oct 2016
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Intentional torts involves intentional rather than merely careless, conduct. Occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent: tort is not based on physical contact based on reasonable belief that such contact will occur. Commit assault if you swing your fits at me even though you did not actually make contact: tort is committed if the plaintiff reasonably believed that the bodily contact would occur. Example: point a gun at someone even if the gun is not loaded: plaintiff must believe that the bodily contact was imminent threat must be immediate, assault can occur even if the plaintiff was not frightened. Caught by surprise because you did not think that that person would be able to do this. Consists of offensive bodily contact: no physical contact is strictly applied, enough if the defendant causes something to touch the plaintiff, such as a knife or a bullet.
