LAW 122 Lecture 3: Chapters 4 & 5
25 Feb 2020
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Chapters 4 intentional torts & chapter 5 business torts. Intentional torts = involve intentional, rather than merely careless, conduct. Example; the defendant commits the tort of battery by deliberately punching the plaintiff. The plaintiff has to prove that the defendant intended to perform the physical act that is required for an intentional tort. A court will not demand proof that the defendant also intended to do wrong or cause an injury. Example; if you build a fence on my property, you commit the intentional tort of trespass to land, it is enough to know that your actions will result in a fence being constructed on that piece of ground. Assault = occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent. Belief the tort is not based on physical contact. It is based on a reasonable belief that such contact will occur.
