B LAW301 Lecture Notes - Lecture 4: False Imprisonment, Replevin, Detinue
Document Summary
Intentional torts: involve intentional, rather than merely carless, conduct (not necessarily to do harm): assault, battery, invasion of privacy, false imprisonment, trespass to land, interference with chattels. Assault: occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent. Not based on physical contact, i. e. if someone is punched from behind, the tort of assault was not committed since the person did not know the blow was coming. Reasonable belief of bodily contact, i. e. pointing an unloaded gun at somebody. Reasonable belief of offensive bodily contact, i. e. you may commit an assault by swinging your fist at me, even if you are far to small to do any harm. Battery: offensive bodily contact (often commit a crime at the same time as a tort). Enough if the defendants clothing or an object they(cid:3244)re holding makes contact with the plaintiff.