Law 2101 Chapter Notes - Chapter 22: Intentional Tort, Implied Consent, False Imprisonment
22 Dec 2019
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Intentional creation in the mind of another of a reasonable apprehension of imminent physical contact. Future threats and conditional threats that don"t require the plaintiff to take immediate action do not constitute assaults since they lack the requirement of imminent physical contact. Intent need not be hostile or otherwise blameworthy. Fraud: plaintiff"s consent was based on a fraudulently induced belief will not necessary vitiate the consent. It must be establishes that the defendant was either responsible for creating, or was aware of , the plaintiff"s misapprehension. Fraud must go to the nature or risks of the act giving rise to the tort, as opposed to a collateral matter: duress, duress narrowly as a threat of immediate physical force. Strict liability: arises in limited situations in the absence of intent or negligence but is subject to some defences. Absolute liability: arises simply because the defendant did a proscribed act that caused the plaintiff a loss.
