LAW 122 Chapter Notes - Chapter 4: False Imprisonment, Malicious Prosecution, Voyeurism
12 Mar 2014
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Intentional torts occurs when a person intentionally, rather than merely careless, conduct (intentional or careless) If you punch from behind, they did not see it coming, therefore it is battery. Elements of assault: reasonable belief of imminent offensive bodily contact, reasonable: even if defendant lacked ability. Unloaded gun: belief: actual bodily contact irrelevant. Missed punch: imminent: distant threat insufficient. Kick you next week: offensive: even if not harmful or frightening. Threat to punch even if too small to hurt victim. Battery: to intentionally create offensive bodily contact, purpose of tort, discourage violence and maintain peace. Elements of battery: bodily contact is required, even with an object, also enough if contact is made with plaintiff"s clothing, contact is offensive, excluding normal social interactions, brushing someone in a crowded hallway. Feb 5, 2014: to avoid vicarious liability, employers should train employed security personnel to use reasonable force, allowed to use force to remove people from property, but not excessive force.
