LAW 122 Chapter Notes - Chapter 4: Malicious Prosecution, False Imprisonment, No Liability
23 Apr 2013
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Intentional torts involve intentional, rather than merely careless conduct. Assault occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent. The tort is not based on physical contact, it is based on a reasonable belief that such contact will occur swinging fists without contact. If the plaintiff reasonably believed that bodily contact would occur pointing a gun in my direction even if the gun is not loaded. The plaintiff must have believed that bodily contact was imminent. An assault can occur even if the plaintiff was not frightened. Threatened some offensive contact i. e. swinging your fists at me even though i know that you are far too small to do any harm. The tort of battery consists of offensive bodily contact. The requirement of bodily contact does not strictly applied. It is enough if the defendant causes something, such as a knife or a bullet to touch the plaintiff.
