LAW 122 Chapter 4: LAW122 Chapter 4 Notes.docx

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An intentional tort involves intentional, rather than careless conduct. Protection of personal interests: physical well-being, liberty, dignity. Ex: assault, battery, invasion of privacy, false imprisonment, trespass to land, and interference with chattels. These two are frequently committed together: threat of contact without actual contact (assault only, actual contact without warning (battery only) 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. Ex: you may commit assault if you point a gun at someone (loaded or unloaded), or swing a. It s based on belief that physical contact may occur punch at someone (but not hit them) Battery consists of offensive bodily contact: you must touch the person, and cause them bodily harm. Ex: stabbing or shooting someone, punching them, kissing someone while they object. Businesses can be held liable if the security guard uses excessive force.

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