LAW 122 Chapter Notes - Chapter 1-5: Stock Market, Learned Hand, Ultra Vires
28 Sep 2016
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A tort: is a failure to fulfill a private obligation imposed by law. Test: intentionally create reasonable belief that offensive bodily contact is imminent. Reasonable: even if defendant lacked ability (e. g. unloaded gun) Belief: actual bodily contact irrelevant (e. g. missed punch) Imminent: distant threat insufficient (e. g. kick you next week) Offensive: even if not harmful or frightening (e. g. threat to punch even if too small to hurt victim) Offensive generally excludes normal social interactions includes actions not harmful (ex/ unwanted life-saving blood transfusion) To avoid vicarious liability, employers should train employed security personnel to use reasonable force. Test (i) intrusion into the plaintiff"s seclusion or private affairs, (ii) public disclosure of embarrassing information, (iii) publicity that places the plaintiff in a bad light, and (iv) unauthorized use of the plaintiff"s likeness or image. Losses are often intangible and difficult to quantify (ex/ embarrassment) Unjustified confinement within a fixed area aka no consent (ex/ bus passenger cannot demand unscheduled stop)
