LAW 122 Chapter Notes - Chapter 4: Partial Defence, Tortious Interference, False Light
6 Feb 2016
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By intention we mean: the intention to commit the act: there is no need to prove intention to commit a tort, there is no need to prove intention to cause harm. Ie: if you walk on land you believe to be yours, you may still be liable in trespassing toward the true owner of the land. The first category of intentional torts is interference with the person. These torts aim to protect personal interests: physical well-being, liberty, dignity. Forms of interference with the person: assault and battery, invasion of privacy, false imprisonment. Assault: intentionally creating the perception of imminent and offensive bodily contact. The purpose of the tort: discourage threats and maintain peace. Elements of assault: reasonable belief of imminent bodily contact. Actual bodily contact is irrelevant (ie: even a missed punch = assault: reasonable belief of bodily contact. Even if defendant lacked ability (ie: aiming unloaded gun: reasonable belief of imminent bodily contact.
