Essay about Definitions Assignment - Torts

Intentional Torts are defined as “voluntary acts that harm a protected interest” (McAdams, 2015, p. 279). The voluntary act must be found to be an intended act, done on purpose, even though the harm done by the act may not have been intended; however, the victim or plaintiff does not need to prove that the harm done was intended (p.279). In this particular case, was there an intentional act done by the airlines or pilot, which in turn caused injury to the plaintiff?

1.) Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Issue: The issue here is whether Farmer could prevail in court by filing a claim for damages against Pilot, based on the provisions of intentional tort law, and the five original intentional torts of 1.) Assault, 2.) Battery, 3.) Trespass to Land, 4.) Trespass to Chattel, and 5.) False Imprisonment.

Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally

An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing, causing a nuisance and defaming are intentional torts.

Physical abuse involving contact planned to cause bodily harm, feelings of intimidation, other physical suffering or injury

The second issue is the tort of nuisance, which could be compared to the tort of trespass to land. “Nuisance occurs when the defendant unreasonably interferes with the plaintiff’s use and enjoyment of its own land.” (McInnes, 112) Once Maldini recognized who Smiley was, his enjoyment of land was interfered with. Maldini was worried that Smiley

An intentional tort is one that is intentional or deliberate in nature. Examples of subcategories of intentional torts are assault and battery, false imprisonment, and inflicting intentional mental distress. Assault and battery is often a result of corporal punishment in schools. This means that physical punishment has been used as a means to discipline the children in schools and is still legal in some states, but not Pennsylvania. In assault and battery, assault is the threat and battery is the impact that is made. False imprisonment is the physical containment of another person or intimidation (sometimes verbally) that confines another person. In schools, physical restraint should be reserved for only those times when an individual presents as a threat to others or themselves. Infliction of intentional mental distress occurs when a person causes another mental anguish in a manner that is considered extreme.

Another type of defense is mistake, which is the “good-faith belief, based upon incorrect information, that one is justified in committing an intentional tort under the circumstances (Buckley & Okrent, 2004).” This means that a person acting on false information that they believed to be true committed a tort themselves. For mistake to be a legal defense, certain elements must be met. These elements are “good-faith conviction that one’s actions are justified, with the belief based upon faulty information, and the conduct would otherwise be considered tortious but for the erroneous belief (Buckley & Okrent, 2004).”

Historically, the transferred intent doctrine has been applied to five intentional torts. The five torts are battery, assault, false imprisonment, trespass to chattel, and trespass to land. Under transferred intent, if the defendant intends any of these five torts, but her acts, instead or in addition, result in any of the other five intentional torts, the defendant is liable, even though she did not intend the other tort. The transferred intent rule may have emerged because these five torts were historically associated with a single action for trespass. The concept of trespass was not limited to the contemporary meaning of trespass to land, but embodied many types of direct injuries. It is important, consequently, Torts, is a large area of private law concerned with compensating those who have been injured by the wrongdoing of others to recognize that courts have applied the concept only to these five intentional torts. The law of torts is mainly judge-made law; courts over the centuries have defined people 's rights and obligations with respect to their fellows. These are constantly in flux and change to meet new technological and social concerns. The example for our case would be the case law of Donoghue v. Stevenson. This is one of the most important cases in English tort law history. The judges determined that each citizen has a duty of care for his or her fellow citizens where it is

1. Intentional torts are actions with the purpose or intention to injure another person or that person’s property. The person inflicting the harm is called a tortfeasor. Intentional torts require intent. The person who committed the tort must have intended to cause harm. The harm, however, does not require malice or ill will, just the

“A public nuisance is an unreasonable interference with a right common to the public. Harmful conduct may be both a public and private nuisance simultaneously; the case law distinctions between the two are often blurred.” (McAdams, 2009)

B) The attractive nuisance doctrine is an exception that can hold a defendant liable in situations where a child is unaware of the dangers present, disregarding if the child was trespassing or not. To establish liability under this doctrine the plaintiff must prove these elements were present; 1) the owner knows the location where the condition exists will likely be trespassed by children 2) the owner knows or has reason to know that the condition has the likelihood of causing a risk of

There are two types of nuisance, the first is public nuisance which is a crime and could also be a tort law. This is where a person or company threatens the health and safety of a community by the actions they carry out. If found guilty of breaking there duty of care they could face prison or a fine, in some cases they can receive both. The affected parties can also claim for damages but must be able to prove damages and foreseeable harm.

Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.