LAW 122 Lecture Notes - Lecture 4: Risk Management, Gas Meter, Bona Fide Purchaser
17 Jan 2017
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No need to prove intention to commit tort. Tort law there for protection of personal interests: Dignity (i. e. invasion of privacy) (emotional well - being: assault. Def"n: to intentionally create the perception of imminent and offensive bodily contact. Creating the threat that the bodily contact will occur even if the contact does not occur. Purpose : discourage threats and maintain peace. Reasonable belief that contract will occur (swing fist at me) Reasonable belief of bodily contact (unloaded gun) Belief of imminent bodily contact (distant threat insufficient: battery. Seldom sue for assault alone; usually joined with battery. Bodily conduct loosely defined (i. e. knife or bullet can touch p) Bodily contact generally needs to be considered offensive (as opposed to harmful) Normal social interaction is allowed (i. e. elevator jostle) Understanding tort of battery is important for businesses that control crowds (i. e. bouncers, security)
