Essay on Tort Law : An Element Of Tort

Essay on Tort Law : An Element Of Tort

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According to In Brief helping with life’s legal issues, “trespass to the person is an element of tort law which covers wrongs done to an individual. [And] can exist even if the victim suffers no physical harm…There are three main wrongs which fall under the umbrella of trespass to the person: assault, battery and false imprisonment. They are intentional torts, meaning they cannot be committed by accident, therefore, they are civil wrongs and not criminal wrongs.”
As stated by Winflield and Jolowiz on Tort 14th Ed., page 58, defines Battery as: “the intentional and direct application of force to another person.” As well, such application of force should be without the consent of the victim and without lawful justification. Similarly, Find Law, stated that “[it] is the intentional touching of another person’s in a harmful or offensive way, without consent…[and] in order for a civil battery to occur, all a person’s needs to do is touch the victim without the victim’s consent.” Thus, Wilmer claim of battery will not suffice in a court of law since, there was no direct application of force, and Barney did not touch her; she fainted through fear. Nevertheless, Barney may pay for the damages caused to Wilmer, knowing that his prank is foreseeable and likely to terrify his victims. Per contra, Wilmer can claim for assault from Barney. An assault is a direct threat made by a person to another, the effect of which is to put the person in reasonable fear or apprehension of an imminent battery. Consequently, the action by Barney was intentional, by causing fear to Wilmer and caused reasonable fear that lead her to faint and banged her head causing bruising. Thereafter, being unconscious Barney locked Wilmer in a room to recover and went to ...

... middle of paper ..., Blow It Ltd did not ask Arnold how he will use the dynamite since he purchased an amount.
C. Arnold v. Desmond, Desmond was pressure into selling the rifle to Arnold which did not followed one of the elements of a simple contract, which is offer. An offer is “an expression of willingness to contract made with the intention (actual or apparent) that is to become binding on the person making it as soon as it is accepted by the person to whom it is addressed.” He did not willingly entered in the contract agreement. Moreover, Desmond illegally obtained the appropriate statutory license since it took one month and if someone have a license to carry a rifle or firearm it won’t take long to get a weapon. As well, the scenario states “establishing his ownership of the rifle” implying that he had to obtained the documents illegal to proof Desmond ownership of the rifle.

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