LAW 122 Chapter Notes - Chapter 4: Dont, Detinue, False Imprisonment
8 Apr 2014
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Defences to intentional torts: complete defences, partial defences. Ex: defendant can be held liable for battery if they deliberately punched the plaintiff. It is enough that defendant knew a particular act would have particular. Plaintiff does not have to prove that the defendant intended to cause harm or commit tort. Ex: build a fence on someone else"s property; intention tort of trespass to land. Court has adopted broad definition of intentional. Risk management: know as much as possible about consequences. In tort: two different meanings separate from each other. Assault: occurs when defendant intentionally causes plaintiff to reasonably believe that offensive bodily contact is imminent. Not based on physical contact (based on belief that such contact will occur) Tort designed to keep the peace, discourage people from doing this. Reasonable belief is all that is needed. Plaintiff must have believed that bodily contact imminent. Even if defendant knew they wouldn"t hurt plaintiff; a threat of offensive contact would be made.
