MGSB22H3 Chapter Notes - Chapter 4: Malicious Prosecution, Punitive Damages, Detinue
Document Summary
Intentional torts number of torts require proof of defendant"s intention but torts that are usually called. Mgtc31 ch4 defendant makes contact with the plaintiff"s clothing or with something that plaintiff is holding: not every form of contact if offensive; normal social interaction is allowed. Consequently you don"t commit battery if you gently brush past me in crowded elevator or if you tap my shoulder to get my attention. At same time, however contact may be offensive even if it is not harmful so consequently, you will commit a battery if you kiss me despite my objection. You may even commit tort if your actions are highly beneficial (as when a physician performs a life saving blood transfusion against patient"s wishes) Defendant doesn"t commit false imprisonment by obstructing one path while leaving another reasonable path open or is tort committed if plaintiff can easily escape: physical force is not necessary; detention may be psychological.
