Question
Please provide an example and explanation of TWO different types of intentional tort liability including possible defenses. Everyone should try and use different examples of
Please provide an example and explanation of TWO different types of intentional tort liability including possible defenses. Everyone should try and use different examples of an intentional tort if possible and use the five-part format I have demonstrated below. There are many to choose from. You may be creative in your example scenarios; it does not have to be an actual case.
Two examples in five-part format of intentional tort against person or property including business torts:
Example 1:Battery. Intentional tort against 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.
Example 2: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 approach 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 deemed outrageous.
Here's the full list of tort liabilities:
Assault and Battery
False Imprisonment
Intentional Infliction of Emotional Distress
Defamation
Invasion of Privacy
Fraudulent Misrepresentation
Abusive or Frivolous Litigation
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