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LAW 122 (618)
Chapter 4

Law 122 - Chapter 4 - My Notes.docx

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Department
Law and Business
Course
LAW 122
Professor
Theresa Miedema
Semester
Fall

Description
Chapter 4 Intentional Torts Assault and Battery Intentional Torts – involve intentional, rather than merely careless, conduct Assault – the tort of assault occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent 1) The tort is not based on physical contact. It is based on reasonable belief that such contact will occur. 2) It is enough if the plaintiff reasonably believed that bodily contact will occur. Battery – the tort of battery consists of offensive bodily contact 1) The requirement of bodily contact is not strictly applied. It is enough if the defendant causes something, such as a knife or a bullet to touch the plaintiff 2) Not every form of contact is offensive. Normal social interaction is allowed. False Imprisonment False imprisonment – the tort of false imprisonment occurs when a person is confined within a fixed area without justification 1) The tort can be committed if a person is trapped in a car, locked in a room or set adrift in a boat 2) Physical force is not necessary. The detention may be psychological 3) A business may still be held liable if it directed the officer to make the arrest, rather than merely state the facts and allow the officer to draw a conclusion Malicious Prosecution – the tort of malicious prosecution occurs when the defendant improperly causes the plaintiff to be prosecuted - A police officer may arrest anyone who is reasonably suspected of o Being in the act of committing a crime o Having committed a serious crime in the part - A private citizen is entitled to make an arrest only if a crime is actually be committed by the suspect, if the act that no crime was committed, the arrest is unjustified Trespass to Land Trespass to Land – the tort of trespass to land occurs when the defendant improperly interferes with the plaintiff’s land Tort Protected Interest Elements of Proof Assault Freedom from fear of offensive bodily  Intention act contact  Causing a reasonable belief that offensive bodily contact is imminent Battery Freedom from offensive bodily contact  Intentional act  Causing offensive bodily contact False Imprisonment Freedom of movement  Intentional act  Involving physical or psychological forces  Causing person to be confined within fixed area without justification Malicious Prosecution Freedom from improper prosecution  Criminal proceeding commenced for malicious or improper pur pose, without honest belief on reasonable grounds that crime was committed  Resulting in acquittal of accused Trespass to Land Right to exclude trespassers from Land  Intentional Act  Causing person or object to interfere with
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