LAW 122 Lecture Notes - Lecture 3: Strict Liability, Detinue, Implied Consent
2 Mar 2017
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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. Battery consists of offensive bodily contact. Deceit defendant makes a false statement, they know it is false, had the intention to mislead the plaintiff, plaintiff reasonably relies on the statement and the plaintiff suffers a loss/damage. Plaintiff must prove: defendant made a false statement, defendant knew statement was false or was reckless in determining truth, defendant intended to mislead the plaintiff, plaintiff suffered loss as a result of reasonably relying upon statements. False imprisonment occurs when a person is confined within a fixed area without justification. Malicious prosecution occurs when the defendant improperly causes the plaintiff to prosecuted. Defamation defendant makes a false statement that could lead a reasonable person to have lower opinion of plaintiff.
