LAW 122 Study Guide - Midterm Guide: Blood Transfusion, Contributory Negligence, Variety Store
9 Mar 2016
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Defendant (ki yim) owns a variety store in toronto. One day, the plainif (betel) & 6 other boys enter the store, play on the pinball machine and start playing with toy guns, football and other store items. The boys go outside and start throwing lit matches into the store. Yim goes outside, grabs one of the boys (betel) and starts shaking him, trying to get him to confess. While shaking him, yim ends up hiing betel in the nose. What is the issue? (i. e. what is the legal wrong) Defendant causes ofensive, physical contact with the plainif. Bodily contact shaking a person"s body is bodily contact. Yes he is liable for the tort of batery. Legal test: tort of batery - intenionally creates ofensive bodily contact. Bodily contact: it is enough if the defendant causes something to touch the plainif. > the entering of blood to marjorie"s body through a blood transfusion is bodily contact.
