assault and battery, false imprisonment, and willful and wan
Assault and Battery
- Assault involves creating a reasonable apprehension of an imminent harmful or offensive contact. The threat or fear is sufficient, and no actual physical contact is required.
- Battery is the actual intentional harmful or offensive physical contact with another person. It requires an intent to make contact, and the contact itself must be harmful or offensive.
- Key Distinction: Assault is about the threat of contact, while battery is the actual harmful or offensive contact.
False Imprisonment
- This is the intentional and unlawful confinement or restraint of a person against their will.
- Examples: It could involve a store owner wrongly detaining a suspected shoplifter or a person being held against their will in a location.
Willful and Wanton Conduct
- This describes a high level of fault, essentially acting with a conscious disregard for the probable or possible consequences of one's actions.
- It goes beyond mere negligence and suggests a severe carelessness or a disregard for the safety of others.
- Consequences: In civil lawsuits, willful and wanton conduct can lead to punitive or exemplary damages, which are meant to punish the wrongdoer and deter similar behavior.