BLAW 3201 Study Guide - False Imprisonment, Malicious Prosecution, Private Investigator
Document Summary
Tort is committed when: a duty owed by one person to another, is breached and, proximity causes, injury or damage to the owner of a legally protected interest. Intent- either the actor desires to cause the consequences of his act or that he believes that those consequences are substantially certain to result from it. Battery- intentional infliction of harmful or offensive bodily contact. It may consist of contact causing serious injury, such as gunshot wound or a blow to the head with a club. Or it may involve contact causing little or no physical injury, such as knocking a hat off of a person"s head or flicking a glove in their face. Bodily contact is offensive if it would offend a reasonable person"s sense of dignity, even if the defendant intended the conduct only as a joke or a compliment. For example, kissing without permission would constitute battery. Assault- intentional infliction of apprehension of immediate bodily harm or offensive contact.