LAW 122 Study Guide - Midterm Guide: Contributory Negligence, Punitive Damages, Damages
8 Jun 2020
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Defendant intends to cause offensive, physical/bodily contact with plaintiff. It is also enough that defendant causes something (knife, bullet) to touch plaintiff or makes contact with plaintiffs clothing or something they are holding. Occurs when defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent. Occurs when a person is confined within a fixed area without justification. Occurs when the defendant improperly causes the plaintiff to be prosecuted. Occurs when defendant makes a false statement that could. 1. self defense: consent, necessity, provocation, contributory negligence, compensation for damages, punitive damages, nominal damages, injunction. No physical contact is required (contact triggers tort of battery) Plaintiff must be wrongfully prosecuted: defendant made false statement. 2. defendent knew the statement was false: defendant intended to mislead the plaintiff, plaintiff suffered loss as a result of reasonably relying upon statements. Trespass to land lead a reasonable person to have a lower opinion of plaintiff.
