BALW20150 Lecture Notes - Lecture 5: Lists Of Landmark Court Decisions, Comparative Negligence, Contributory Negligence
14 Feb 2017
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A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff"s injuries and knew with a reasonable degree of certainty that the consequences would follow. The physical threat of immediate harmful or offensive contact; or. Any action that arouses reasonable apprehension of imminent harm. But, apparent ability to complete the action. There does not need to by physical harm to be an assault. Not just a verbal offer, has to be a physical manifestation. Doesn"t need to be harmful, just offensive: battery. Unauthorized and harmful or offensive physical contact with another person. Actual physical harm is unnecessary does not need to cause injury or pain or be harmful. If something is offensive, that constitutes the battery. False statement(s) made by one person about another. The defendant made an an untrue statement of fact about the plaintiff (not an opinion); and. The statement was intentionally or accidentally published to a third party.
