LAW 122 Lecture Notes - Lecture 2: Partial Defence, Detinue, Search Warrant
4 Apr 2016
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Intentional torts involve intentional, rather than merely careless, conduct. Assault occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent. It is enough if the plaintiff reasonably believed that bodily contact would occur: tort is not based on physical contact. It is based on reasonable belief that such contact will occur: the plaintiff must have believed that bodily contact was imminent, assault can occur even if the plaintiff was not frightened. It is enough that the defendant threatened some form of offensive contact. Battery consists of offensive bodily contact: requirement of bodily contact is not strictly applied. It is enough if the defendant causes something to touch the plaintiff, or with something that the plaintiff is holding: not every form of contact is offensive. Contact may be offensive even if it is not harmful. *a person who commits the tort of battery often commits a crime at the same time.
