SCENARIO 1: TRESPASS TO PERSON 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.” Wilmer may seek 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. Furthermore, “an assault was defined by Goff LJ in Collins v. Wilcock [1984] 3 All ER 374 as an act that causes another ‘reasonably to apprehend the infliction of immediate, unlawful force on his person’”. Being jumped in front of, by a known prankster with a sheet covered over him/her, is prone to let Wilmer placed in fear and such action may lie under the rule in Wilkinson v. Downton [1897] EWHC 1 (QB). Though, no physical touching occurred so no claim of assault can be claimed, and the act by Barney was intended and caused Wilmer to faint and hit her head causing bruising, so these may be qualify for battery. 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
The court in Morris found that the injuries sustained by the plaintiff were the direct and immediate result of the dogs’ actions, and although no physical contact occurred, the dog’s actions caused the plaintiff to dismount his bicycle quickly, in order to avoid an imminent attack, causing him to fall and sustain injuries. Similarly, our client never made physical contact with the dogs, sustaining her injuries when she was thrown from the sled, making direct contact with a tree. Although no physical contact occurred, the phrase “attacks or injures” insinuates actions by a dog that directly and proximately produces injury to the individual the dog attacks or injures. Lewellin, 465 N.W.2d at 65. While one might challenge that it would be easier to establish direct causation between ones injuries and a dogs actions through direct contact with the plaintiff, the statute’s language merely establishes an immediate implication by a dogs non-hostile behavior, in order to consider the dogs actions be covered under the language of "or injures. While there was no physical contact between Staycia and the sled dog’s, the dogs quick, veering off the fairly narrow path into the woods, caused Staycia to be thrown through the air, against a tree, invoking a direct and immediate result of the dogs actions of upsetting the sled. These facts invoke the statute’s
In Battery section 13 a and section 18 a, is similar to Assault section 21 a. However, Battery sections 13 b it states, “a harmful contact with the person of the other directly or indirectly results”. And section 18 b states, “an offensive contact with the person of the other directly or indirectly results”.
§ 75.007. TRESPASSERS. (a) In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied.
Assault in Woonsocket seems to be a common thing to hear on the news. Therefore, I picked the total assault rates in Woonsocket and gathered this information through the UCR. This data showed me that Woonsocket had 694 total assaults in 2015. I compared this data with two other cities (with higher populations) and found that Woonsocket still had the higher total assault rate. This caught me off guard because I would have thought inner cities would have more assaults, but this wasn't the case. UCR helped gather this data while also informing me on the race, age, and gender of offenders collectively for all crimes.
1. Trespass to land is an “unjustified, direct interference” with land possessed by another, which is actionable without proof of actual damage . ‘Land’ refers the surface of the earth, the subsoil and airspace as far as is necessary for ordinary use , and anything fixed to the surface . An intentional or negligent act is necessary to sue in trespass, and all actions discussed below regarding trespass meet these criteria.
In the book “The Assault,” by Harry Mulisch, the author demonstrates how the main character, Anton, becomes free of the influence of his memories by showing that Anton's approach to memory changes over the novel course of the novel – from protective denial to acknowledgment. However, what remains static is a constant self awareness that Anton shows in-regards to his attempts to repress these memories. During the beginning of the novel (post-tragedy) Anton is a shell of his memories of the night where is family was killed. This is shown through how many details of his character, from major life aspects such as his wife or his job, to insignificant things such as what sorts of media he likes, can all be traced back to his allegedly forgotten memories. The
Intentional Tort: Torts actionable upon evidence of an intent to cause harm on another, such as assault, trespass, false imprisonment, private nuisance, defamation or invasion of privacy.
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
Geoffrey Chaucer’s Canterbury Tales is a fictional book about people who are going to Canterbury to receive the blessings of St. Thomas Becket. The Host suggests that to make a journey pleasant, every member has to tell a story and the person who tells the best story will get free dinner paid by the other members. The Host decides to accompany other members to Canterbury and serves as the judge of the Tale. A relationship is usually seen between a teller of a tale and the tale that he or she decides to share. The Pardoner, The Merchant, and the Wife of Bath use their feelings and experience to teach the lessons in the tale. Merchant has poor and second-rate views on marriage whereas Pardoner commits lot of sins and frauds and Wife of Bath wants womens to have control over their life.
Or simply called, assault is the attempt to commit battery or do bodily harm. This is an act that is made to create fear of injury on a victim. You might be wondering if an actual physical contact is needed to find that a person is guilty of the crime – misdemeanor assault; the fact is, you don’t need to.
In the famous Shakespeare play Macbeth, Lady Macbeth and her husband planned out the murder of Duncan, the King of Scotland, so that they would be the king and queen. She desired power and was very manipulative of her husband in order to fulfill her needs. Lady Macbeth is a strong-willed, ambitious, and ruthless character. Lady Macbeth’s ambition and willpower drove her to work with her husband to kill the king of Scotland. She knew she would not be able to kill the king on her own and she needed to push Macbeth to do the dirty work: “We fail? /
When a person violates another person’s legal rights deliberately it is considered an intentional tort (Mayer et al. n.d.). Intentional torts are when someone is assaulting someone, trespassing on a person private property, false imprisonment of an individual or individuals,
The Pantheon was a roman temple that was dedicated to the Gods. It was actually the only ancient building that remains intact, and at this present time it is a Catholic Church. The Pantheon has a huge hole at the very top of it, where the sun could light the inside of it. This 27 inch hole also helped with the engineering problems with weight as well. Personally, what I found to be interesting is that right behind the holiday of Christmas, Halloween time brings in ten billion dollars of revenue each year, and that there is a relationship between Halloween and the Pantheothon. Also, in 609 the Byzantine Emperor Phocas gave the Pantheon to Pope Boniface IV, who ended up dedicating it to St. Mary and all the Christian martyrs. Which, this came
Among other charges, the plaintiff alleges battery or trespass as one of the offenses committed by the defendant. The question now becomes what constitutes a charge of battery and or trespass and does this embody any of the elements or circumstances that may apply to this particular case. According to criminal law, a battery is defined as both a tort and a crime, and involves the unlawful or unwanted physical contact of another person. This is supported by the reading, “Battery is the actual touching” (Showalter, 2017, pg.127). A trespass to person is any act that excites an apprehension of battery. This is supported by the text, “Trespass to the person is a tort which involves wrongs being done to an individual” (Trespass to the person,
Under common law, Battery is an intentional harmful or offensive touching of one another without consent or privilege. When Chetum tells the plumber to “fix it”, in reference to the boiler, while simultaneously