Question
In Unit 2, you drafted a paper that identified two types of intentional torts against a person (one that causes injury to a person) in
In Unit 2, you drafted a paper that identified two types of intentional torts against a person (one that causes injury to a person) in your jurisdiction (state or locality). This week, you are to identify appropriate defenses, if any, for each of the two torts that you identified earlier. Also, provide the statutory and/or case authority associated with each of your tort examples. Each legal authority must be properly cited per the Bluebook. As before, make sure that the law you identify is a civil cause of action (tort law) and not part of the penal code (criminal law).
Here is my paper I wrote for unit 2....
Battery. Intentional tort against a person.
- Legal definition: An unwanted touching
- Example: Fred punched Joe in the nose.
- Possible defense: Self- defense. Joe had shoved Fred and was showing signs of getting ready to punch Fred.
- Potential Outcome: Plaintiff (Joe) may seek compensatory damages from Fred (defendant) for emotional and physical damages. There may also be criminal liability involved from the prosecutor.
: Wrongful Interference with Contractual Relationship. Business Tort.
- Legal definition: A third party intentionally induces an existing contract party to breach a known valid contract
- Example: Todd Fraser is under contract with the Chicago White Sox to play third base in 2016. The Cleveland Indians approached Mr. Fraser about joining their team by offering more money for 2016 if he will switch teams.
- Possible defense: No valid contract with the White Sox existed, or the contract specifically allowed Mr. Fraser to make a better deal.
- Potential Outcome: Plaintiff (White Sox) may seek compensatory damages from the defendant (Indians) and in some cases might even be able to seek punitive damages to deter others' similar behavior if Cleveland's actions are deemed
Intentional torts are wrongful acts done on purpose. It is a category of torts that describes a civil wrong resulting from an intentional act on the part of the alleged wrongdoer. To successfully sue a defendant liable for an intentional tort, the plaintiff must prove that the defendant carried out the action that resulted in the plaintiff suffering or incurring the damages, and that the defendant acted with purpose (Geistfeld 2018).
Under tort law, seven intentional torts exist. Four of them are personal: assault, battery, intentional infliction of emotional distress, and false imprisonment. The most common intentional torts are battery, assault, and trespass to property.
False imprisonment occurs when a person, who does not have legal authority or justification, intentionally restrains another person's ability to move freely. False imprisonment can also be termed as unlawful imprisonment in the first degree. For example, Mary, a retail cosmetics shop owner, detains Ann, a customer, for interrogation. Mary alleges that Ann has stolen a hair shampoo from the shop. Mary decides to restrain Ann until the security and eventually the police arrive. Ann protests Mary's decision to lock her up without substantial evidence backing her accusation. Eventually the police arrive and question Ann. She is found innocent and allowed to leave, albeit in a foul mood. A possible defence would be Shopkeeper privilege. Shopkeepers Privilege refers to a common law privilege given to shopkeepers whereby they can detain a suspected shoplifter on store property for a reasonable period of time. A shopkeeper can exercise this privilege so long as she has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property. This privilege prevents shopkeers from false imprisonment claims.It is likely that any legal decision or outcome would be in favor of Mary. This is because, under the shopkeeper privilege, a Mary is allowed, by law, to detain even suspicious characters in her shop. Additionally, the falsely imprisoned customer did not suffer any physical harm or damages in the process.
Intentional tort against a personDefamation is an oral or written false and unprivileged statement of fact that is harmful to someone's reputation, published with fault and commonly constitutes a tort or crime.Example,Davies is a student at Capital College. During the summer holiday, together with his friends, they attended a traditional function where they enjoyed a traditional delicacy and beer. The following day, Davies decided to have some breakfast at a nearby town restaurant. Later during the day, he experienced mild stomach pains and rushed to the hospital. He was diagnosed with food poisoning. Davies was quick to accuse the restaurant owner (who categorically denied) as the reason behind his food poisoning case and even shared his thoughts with other restaurant's customers. Later the hospital confirmed that Davies' food poisoning case was as a result of drinking the traditional beer. Davies had falsely accused and defamed the restaurant's owner.The major defense defamation is truth. If the statement that is the subject of the suit is true, and it can be proven as that, the defendant's attorney can move to have the plaintiff's claim dismissed. No one is punished for speaking the truth, even if it is an ugly truth.Simply because Davies had shared the false information with other customers, the restaurant owner could have grounds for a defamation lawsuit. He could even seek compensatory damages from Davies, because his accusations were based on falsehood.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started