Essay about Definitions Assignment - Torts

11187 WordsAug 13, 201245 Pages
Definitions Assignment - TORT Intentional Torts – Intentional Torts are battery, assault, false imprisonment, trespass to land, trespass to chattel, and conversion. See examples of each below. Battery – The intentional unlawful, harmful, or offensive touching of the person of another. Example: The verbal argument has escalated to the point that Susan raised her hand and slapped Joe on the cheek. Susan committed battery against Joe. Assault – The intentional threatening of another with a battery and the creating of apprehension of immediate bodily harm in the victim. Example: The professional football player assaulted the referee by screaming that he was going to break the back of the referee and raised his helmet in the air…show more content…
Example: The landlord of the ranch initially allowed Jack to bring his dog, a trained pit-bull, to roam in the outer perimeter of the ranch. However, the pitbull has been attacking the ranch animals. Jack has committed a trespass ab initio against the landlord of ranch. Private Nuisance – A private nuisance results from an act or conduct by the defendant which unreasonably interferes with the plaintiff’s use and enjoyment of his or her property. Example: The crazy woman who lives above the Jones keep pounding on the floor at midnight every night. She created a private nuisance for the Jones. Public Nuisance – Public nuisance results from an act or conduct that is injurious all the public in general. Example: The old couple has this odd habit of sunbathing nude along the front yard of their house that faces the road. Anybody in the neighborhood can see it in plain sight. What a public nuisance. Defenses to Intentional Torts – Defenses to intentional torts are consent, self-defense, defense of others, defense of property, prevention of crime, recovery of property, legal authority and necessity. See example of each below. Consent – Consent relates to the plaintiff’s state of mind and the existence of
Open Document