CHAPTER 4 INTENTIONAL TORTS LAW 122
A number of torts require proof of the defendant’s intention.
o Invasion of privacy
o False imprisonment
o Trespass to land
o Interference with chattels
Intentional Torts: involve intentional, rather merely careless, conduct. Have to have
intention towards actions.
- The plaintiff does not have to prove that the defendant intended to either cause harm or
commit a tort.
ASSAULT AND BATTERY
Assault and battery are two different meanings
ASSAULT: occurs when the defendant intentionally causes the plaintiff to
reasonably believe that offensive bodily conduct is imminent.
o Not necessarily based on physical contact,
o based on reasonably belief that physical contact will occur.
o Plaintiff must have believed that bodily contact was imminent
o Assault can occur even if plaintiff was not frightened
-Peoples merely ever sue for assault alone because it is not worth the trouble and
expenses of litigation.
- Claim for assault usually joined with a claim of battery.
- Battery : consists of offensive bodily contact.
- it is enough if the defendant gets a knife or bullet to touch the plaintiff
- not every form of contact is offensive
- Understanding the tort of battery is especially important for business that control
crowds or rowdy customers.( bouncers and security personals) (use of reasonable
INVASION OF PRIVACY
- people are becoming more concerned with their privacy
- Many reasons why courts traditionally have been reluctant to recognize a tort of
invasion of privacy, they want to support freedom of expression and freedom of
- Privacy is indirectly protected by several torts.
o Trespass of land o Breach of confidence
o Abuse of private information
o Misappropriation of personality
- False imprisonment: occurs when a person is confined within a fixed area
- It is not committed if the plaintiff can easily escape
- An imprisonment is false only if done without authority
- A private citizen can only make an arrest if a crime is actually being committed
by the suspect
- Malicious prosecution: occurs when the defendant improperly causes the
plaintiff to be prosecuted.
- Malicious prosecution: hard to prove court has to prove:
o the defendant started the proceedings
o out of malice or some improper purpose and
o without honesty believing on reasonable grounds that a crime had been