LAW 122 Lecture 3: LAW122 Week 3 Ch 4&5
1 Dec 2016
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Intentional torts: involve intentional, rather than merely carless crimes. It is enough if the defendant knew that a particular act would have particular consequences. Plaintiff does not have to prove that the defendant intended to either cause harm or commit a tort. Risk management perspective: before acting in a particular way, you should know as much as possible about the consequences of doing so. Assault: 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 a reasonable belief that such contact will occur. If you punch me fro behind, you do not commit the tort of assault if i did not know that the blow was coming (although you did commit the tort of battery) Its enough that a reasonable person would have though a gunshot was possible: not enough if the plaintiff reasonably believed that bodily contact would occur.
