TORTS ASSIGNMENT
Tresspas to person
There are three features of the tort of trespass to the person.
1) The tort is actionable per se.
2) Plaintiff must establish that Defendant's interference was direct.
3) Plaintiff must prove a deliberate or intentional harm on the part of Defendant. Mistake of fact does not mean that there was no intention.
There are three main forms of trespass to a person, namely, assault, battery and false imprisonment.(http://www.lawteacher.net/jurisprudence/essays/trespass-to-person.php)
Battery & Assault
Assault means any direct and intentional act or conduct of Defendant which puts a reasonable person in apprehension of an imminent physical contact with his person.For example:When defendant tries to strike the plaintiff
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Also when Arun and Chandler threw beer bottles and a knife into Andy's house which ends up smashing his plasma TV and also destroying his furniture, tort of trespass to chattels is committed as trespass to chattels is primarily concerned with interference with goods in the possession of another.Hence Andy can claim damages.
FALSE IMPRISIONMENT:
Danny locks Andy into the kitchen despite his protests.So Danny commits the tort of false imprisonment by putting restraint on Andy's freedom of movement.Also no known exits have been
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
Not long a while later, Brooks, the old custodian, undermines to slaughter an alternate detainee, Heywood, with a specific end goal to abstain from being paroled. Andy has the capacity talk him down and Brooks is then paroled. Brooks was then allowed to leave the prison which ended up with him committing suicide, as he couldn’t accustom with the outside
So, let’s expand a Law & Order episode, and place the scene at the County Jail, located at 100 W. Washington St., Muncie. A suspect has been arrested, and is taken to jail. Upon arrival, the suspect will be given an orange jumpsuit, underwear, t-shirt, socks, and shoes without laces to wear, and a mattress pad for their bed, all jail issued. The suspect will be handcuffed and shackled for any movement he will make within the facility before he is placed in his cell. The suspect receives an arm bracelet with a picture of himself to be worn at all times as identification. They can make a call for bail, and if they cannot get the money, the jail becomes their new home.
Duty: The general rule for premises liability is that there is a duty to keep the premises in reasonably safe conditions. Vicky was a trespasser on the land because she had no express or implied consent to be there. In light of this relationship, because Vicky was a trespasser, under the traditional common law categories, there is no duty but to not willfully or wantonly harm the trespasser.
In order to be convicted on a criminal charge, proof is required of three things; actus reus, mens rea and causation. The accused must have the criminal state of mind relevant to the crime he is accused of. Intention is a far more blameworthy aspect than recklessness,
Test of the “harmless error” rule. Law and Human Behavior Vol. 21, No. 1, p.
The word assault means to make a physical attack on someone, but how does a weapon with the purpose to provide food for your family become classified as an assault weapon? If a weapon is used to assault another person is it then classified as an assault weapon, or is it still just a weapon used to bring harm to someone? The classification of an assault gun should be changed.
The crime of indecent assault and battery occurs when an attacker, has non-consensual physical contact with a person in a sexual manner. This could be any unwarranted physical contact to a person’s private body. This assault is punishable to up to five years in prison.
In this paper, I will discuss and give details as to what is needed for police to get a warrant and under what circumstances they are allowed to enter a home without a warrant. I will also provide an analysis as to whether the police had the legal right to access the Ellis home and their bedrooms. Additionally, I will explain the exclusionary rule and its importance and how it relates to this scenario. Lastly, I will also describe the steps in conducting this investigation while ensuring that individual’s rights were being protected and the evidence that was gathered would be admissible in a court of law. In the following paragraph, I will discuss what it takes for the police t...
Sexual Assault on College Campus Cause and Effect Essay In general, rape means force or threatening to use force against a potential victim. It includes vaginal but doesn’t exclude other forms such as, anal and oral penetration. Rape tends to get grouped with women, but, there are also men who get victimized as well. It’s not limited to heterosexuals either, there’s also homosexual offenders (“Sexual Assault”).
What is sexual assault? Sexual assault is, “any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape” (Sexual Assault).
The intentional use of physical force with the potential for causing death, disability, injury, or harm. Physical violence includes, but is not limited to, scratching; pushing; shoving; throwing; grabbing; biting; choking; shaking; aggressive hair pulling; slapping; punching; hitting; burning; use of a weapon; and use of restraints or one 's body, size, or strength against another person.
A) The legal issue that needs to be addressed in Anne’s situation is whether words, can ever amount to an assault. The Irish position on this matter is that they cannot. An Assault is defined as an act that places another person in reasonable apprehension of a In the early English decision of Turberville v Savage , which involved the defendant placing his hand on his sword and saying ‘If it were not assize time, I would not take such language from you.’ The court decided that it is not an assault if there is no intention to assault.
Rapper Jay Z once proclaimed, “I'm a hustler baby. I just want you to know... it ain't where I been, but where I'm about to go.” Although he wasn't referring to criminals in the hit song, his words strike a chord in regards to the “Hustlers” discussed in, “Burglars on the Job.” There are a plethora of internal and external factors that motivate a person to commit crimes such as burglary, but through background factors alone we cannot say for certain why a crime was committed by a select person. It is vital to study and begin to understand why people commit crimes as well as how they view their behavior. History and statistics have shown that simply adjusting our justice system to neutralize these offenders has had little to no impact on crime in our nation. Professors Richard T. Wright and Scott Decker risked their lives to further an academic study that sheds light on the perspective of burglars and how they interpret what they do. Many theorists believe that criminals are utilitarian and carefully weigh the potential costs and rewards of their illegal actions (p4). These two gentlemen, however, postulated that there are multiple facets of criminals to discover and consider through intimate contact in the field. While Chambliss and Polsky were hesitant to work “In the wild,” Wright and Decker felt that this was the best way to collect accurate data. They preferred to observe burglars in their natural habitat rather than speak with already incarcerated offenders in criminal justice system surroundings. One of only a small handful of studies involving active burglars, the book describes the motivation, considerations, and choices that burglars make throughout each stage of crime. Follo...
Aggression is an intentional action aimed at doing harm or causing pain (Aronson…) and it often is classified either as physical or verbal aggression. Physical aggression is an action which will cause physical pain and injury and often include hitting, kicking… using weapons; for verbal aggression is an assault on other’s self-concept and it will likely to cause some inward or mental distress.