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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The tort of defamation deals with balancing two competing interests-the freedom of a personto express his opinion on public matters and a person's desire to protect himself from unwanted and unwarranted attack on his reputation.Defendant's liability arises when Defendant's statement lowers Plaintiff's reputation in the eye of right thinking people of society.There are two forms of defamation-libel and slander.(www.google.com)
Libel occurs when the defamatory statement is made in permanent form.For example-in writing or printing,pictures,film etc.Libel is actionable per se.Slander occurs when the defamatory statementis made in a transient form.For example:by spoken words and gestures or by the use of the maual or sign language of the deaf and dumb,mimicry or gesticulation.(en.wikipedia.org/wiki/Defamation)
Generally slander is not actionable per se.P is required to prove special damge.Slander however is actionable per se in some situations:where D falsely accuses P of having committed a crime; or where D falsely accuses P of suffering from an infectious disease; or where D falsely disparages P in any office, profession which affects P's official' professional or business reputation ; or where D falsely accuses P , a woman, of unchastity or
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Danny has committed the tort of battery as there was direct and intentional application of force by Danny which was an offensive behaviour.
The plaintiff can ask for general damages in this case along with aggravated damages as the actions of the defendant only got worse after the battery.
Also when Danny picks up Andy's vase and throws it at him which ends up hurting him, he commits the tort of battery.According to Avtar Singh, the tort of battery can be confirmed if the person can prove that an object was brought into contact with one's body harmfully without his consent.
The plaintiff in this case should claim nominal as well as punitive damages so as to set an example to future offenders and deter them from committing such acts.
TRESPASS TO PROPERTY:
Trespass to
John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's toe and breaks it. Megan can sue John for the tort of battery.
In order to commit the crime of simple battery in the state of Georgia, the following elements must be present at the time the crime is being committed: “(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another.”
Villiers, M. d. (2008). Substantial Truth in Defamation Law. New South Wales: University of New South Wales.
The tort of negligence is the failure to exercise the standard of care that a reasonable person would exercise in a similar circumstance. Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. Four elements are required to establish a prima facie case of negligence. The existence of a legal duty to exercise reasonable care, a failure to exercise reasonable care. Cause in fact of physical harm by the negligent conduct; physical harm in the form of actual damages and proximate cause. Which is showing that the harm is within the scope of liability.
To prove tort of battery; Simon must establish that Caroline, Intentionally caused an offensive contact with him, that the force was direct and immediate, and the touching or contact was hostile.
One element is duty that the defendant owed legal duty to a plaintiff and the defendant did not follow through with the agreed duty, The next element is known as breach of duty which is when a defendant does something or doesn’t do something that they said they were going to do. The third element is called causation which means a plaintiff must prove a defendant’s negligence caused him or her injury. The fourth element to proving negligence is damages which requires the court or defendant to compensate the plaintiff for his or injuries. These are all the ways to prove negligence in a case between a defendant and
A tort is a wrong. More precisely, a tort is a violation of a duty imposed by the civil law. When a person breaks one of those duties and injures another, it is a tort. The injury could be to a person or her property. In a tort case, it is up to the injured party to seek compensation. She must hire her own lawyer, who will file a lawsuit. Her lawyer must convince the court that the defendant breached some legal duty and ought to pay money damages to the plaintiff. A crime is an act so threatening that the government itself will prosecute whether the injured party wants the case to go forward. A district attorney, who is paid by the government, will bring the case to court seeking to send the defendant to prison. If there is a fine,
Defences of Assault and Battery In most crimes there are always defences to the offence that has been
Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation from another's negligence, the injured party must prove that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, that the defendant's action was negligent not what a reasonably prudent person would have done, that the damages were caused by the negligence. Discipline also means accepting punishments for violation.
This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.
Battery and assault fall under the law of tort, which is an amalgamation of obligations, rights,
The main elements of assault would be an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. The act for assault must be overt and direct. Words alone are insufficient, however if the words are part of a threat that influences the assault. A threat alone is not an aggravated assault, although if the threat is combined with a weapon or fist- it can become sufficient enough to constitute aggravated assault.
The Defamation Act 2013 was passed to help regulation on defamation to deliver more effective protection for freedom of speech, while at the same time ensuring that people who have been defamed are able to protect their reputation. It is often difficult to know which personal remarks are proper and which run afoul of defamation law. Defamation is a broad word that covers every publication that damages someone's character. The basic essentials of a cause of act for defamation are: A untruthful and offensive statement regarding another; The unprivileged publication of the statement to a third party; If the offensive situation is of public concern, fault amounting at least to carelessness on the share of the publisher; and Injury to the plaintiff. Slander and libel are both kinds of defamation, which refers to statements that hurt another person's name. While there are connections, each concentrate on different forms of defamation approaches. Normally, this will include not only the use of certain words to harm a reputation, but also activities such as finger signals or facial expressions in order to emphasize the fabrication that is being dispersed. If the statement is made in writing and published, the defamation is called "libel." Libel deals with printed matter, TV and radio broadcasts, movies and videotapes, social media sites, even blogs, emails, even drawings on a wall. An unpleasant statement is verbal; the statement is "slander." Slander explains defamation that you can overhear, not see. It is commonly spoken statements that distort someone's reputation. The government can't jail someone for making a defamatory statement since it does not break the law. Instead, defamation is considered to be an infringement of a person's ...
Defamation, in general, is false statements regarding an individual that can taint his or her reputation. There are four elements essential to a cause of action for defamation. Their needs to be a false and defamatory statement concerning another and an unprivileged publication of the statement to a third party. If the defamatory matter is of public concern, there must be fault amounting at least to negligence on the part of the publisher and damage to the reputation ...
Torts can be divided into two main categories; negligence and intentional torts. Negligence torts function as the hallmark of tort liability, and of tort law suits, are the most common. Under this legal premise, people have the responsibility to act with proper diligence and reasonable care and skill to avoid injuring other people. Intentional torts are civil wrongs that were committed deliberately. In contrast to a negligence act that is usually an accident caused by the lack of responsible care. Under tort law, intentional torts include acts of assault, battery, slander and libel, false imprisonment, and intentional infliction of emotional distress.