LAW 122 Lecture Notes - Lecture 4: False Imprisonment, Contributory Negligence, Detinue
26 Dec 2016
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Battery: consists of offensive battery contact: (cid:498)bodily contact(cid:499) is not strictly applied. Its enough if an object touches a plaintiff or makes contact with plaintiffs clothing or something they are holding: not every form of contact is offensive; normal social interactions. However, might be offensive even if not harmful. Why courts may be reluctant freedom of expression freedom of information. False imprisonment: occurs when a person is confined within a fixed area without justification. Physical fore is not necessary, may be psychological. Businesses may still be liable if they direct an officer to make an arrest. Businesses may be liable for malicious prosecution: malicious prosecution: occurs when the defendant improperly causes the plaintiff to be prosecuted. Difficult to prove court must be satisfied that. Out of malice or other improper purpose. No honest belief on reasonable grounds that a crime was committed. Plaintiff was eventually acquitted of the alleged crime. An imprisonment is false if only done without authority.
