ACTG 2P40 Lecture Notes - Lecture 2: Contributory Negligence, Snow Blower, Malicious Prosecution
7 Nov 2015
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Only a certain kinds of claims you can make: two kinds of torts a. 5 types of intentional torts: unintentional tort. Assault : threat of contact (raising the fist) Battery: actual contact of physical nature without consent (the physical contact) Doesn"t matter if the person is injured or not. In order for a consent to be valid it has to be an informed consent, which is when the person agrees to it (i. e. doctors, and dentist) You can only have an assault, but if you have an battery you always have an assault always: trespass. Entering into the lands of another without consent or lawful right. Nuisance if you have a trespass, you have a nuisance. If some sues someone with trespass, they are usually suing them with nuisance as well. If someone else causes something to go to someone else"s land that"s trespassing too. Example mining company (building tunnels underneath the houses, causing them to collapse)
