LAW 122 Chapter Notes - Chapter 4: Tort, False Imprisonment
30 May 2016
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A number of torts require proof of the defendant"s intention. Intentional tort involve intentional, rather than merely careless conduct. For example, the defendant may be held liable for battery if they deliberately punched the plaintiff. Law"s definition of intention is enough if the defendant knew that a particular act would have particular consequences. 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. It is based on a reasonable belief that such contact will occur. You will commit assault if you swing at me, even if you do not actually make contact. As a result, you may commit an assault by pointing a gun in my direction, even if the gun is not really loaded. It is enough that a reasonable person would have thought that a gunshot was possible: the plaintiff must believe that bodily contact was imminent (immediate).
