LAW 122 Lecture Notes - Lecture 3: Malicious Prosecution, False Imprisonment, Narcotics Anonymous
23 Feb 2016
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Intention is stated that it is enough to say that they knew a particular act would have particular consequences. Consent is a defence to all intentional torts. Assault: when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent. Tort not based on physical contact, based on reasonable belief that such contact will occur. Key point is to know that to be charged with assault, defendant must know the contact was coming or reasonably believe bodily contact would occur (ex. I swing and miss someone from infront, get charged with assault) (ex. I swing and hit someone from behind, charged with battery) Threat must be immediate and occur within a reasonable time limit of threat. Assault can occur even if plaintiff is not scared (ex. Small guy punches bigger guy in the head not scared yet small guy punched first) Bodily contact, it is enough that a bullet or knife touches the plaintiff.
