CRIM 135 Lecture Notes - Ginger Beer, False Imprisonment
6 Dec 2013
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Presumes that harm has occurred, not just private wrong was committed. Involve a deliberate infliction of harm (intentional: types of intentional torts (a) injuries to the person. Physical harm or harm to reputation (i) assault. An intentional creation of a reasonable apprehension of imminent, offensive, or harmful contact. No actual physical contact , an apprehension i. e. , verbal threat, waving fist something that will imminently happen: i will beat you up next year is not assault (ii) battery. The actual infliction of the offensive or harmful contact. Waving sword assault, stabbing battery. Battery without assault (i. e. , jumping you from behind; don"t see it coming) Includes spitting, even simple touching because offensive (iii) false imprisonment. One person intentionally confines another person within fixed boundaries without lawful justification and with no reasonable means of escape. Fixed boundaries put you in a room. Mean of escape under authority, no choice.
