LAW 122 Lecture Notes - Lecture 4: Partial Defence, Detinue, Punitive Damages
25 Oct 2015
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Chapter 4 intentional torts: a number of torts require proof of the defendant"s intention. This chapter focuses on torts that have been traditionally labelled the intentional torts. That piece of ground: all torts in this chapter are intentional. You may commit an assault by swinging your fist, even if you do not actually make contact. But if you punch a person say from behind, and they don"t know, you do not commit the act of assault, because the person did not know it was coming. Although you commit the tort of battery: it is enough for the plaintiff reasonably believe that bodily contact would occur. For example someone points a gun at you with no bullets. It is enough that a reasonable person would have thought that a gunshot was possible: third, plaintiff must have believed bodily contact was imminent. It is enough that the defendant threatened some form of offensive contact.
