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Intentional torts and their defences
The seven types of intentional torts
Tort Law overview
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There are three types of Tort Law; intentional, strict liability and negligence. Intentional is when a person intentionally or is involved in a situation where they have engaged in an activity that causes injury to another person. Assault is one of the very common incidents you will find under Intentional law. One case that comes to mind is the case where a family’s garage had been left open and a young man broke into the car that was in the garage. The family had set up security cameras and set out to harm the person that broke into their garage. They left their garage open on purpose several times in hope to catch the thief. One night they saw the young man on camera and the husband said to the wife “game on”. He grabbed his gun and headed
Sexual assault (the term, rape, is no longer used in Canadian criminal law) is an act of violence that is a criminal offence under the federal Criminal Code of Canada. The Criminal Code is constantly being amended by the federal Canadian Parliament, as well as interpreted by court cases. A victim of a sexual assault (sexualized violence) may also bring a private action called a civil suit, suing the person who assaulted her or him for money damages.This cause of action is distinguishable from a criminal action, which is defined by a different body of law, has a different burden of proof, and has different results. The civil suit is generally defined by court cases, rather than by treatment of law, as is criminal justice.
The crime of indecent assault and battery occurs when an attacker, has non-consensual physical contact with a person in a sexual manner. This could be any unwarranted physical contact to a person’s private body. This assault is punishable to up to five years in prison.
Physical violence is defined as “the deliberate use of physical force with the potential for causing harm (Intimate Partner
These interests are violated by the intentional torts of assault, Battery, trespass, False Imprisonment, invasion of privacy, conversion, Misrepresentation, and Fraud. The intent element of these torts is satisfied when the tortfeasor acts with the desire to bring about harmful consequences and is substantially certain that such consequences will follow. Mere reckless behavior, sometimes called willful and wanton behavior, does not rise to the level of an intentional
Defences of Assault and Battery In most crimes there are always defences to the offence that has been
Nicole stepped on Caroline mistakenly, which was an unlawful touching. According to Elliott and Quinn there are three elements to this intentional tort; force, direct application and intent which is so in this case. However, according to Croom-Johnson LJ in the case of Wilson v Pringle “the first distinction between two causes of action where there is personal injury is the element of contact between the claimant and the defendant; that is touching of sort. In the action of negligence, the physical contact (where it takes place at all) is normally through by no means always unintended” . In the action of trespass to constitute battery, it is deliberate. Even so, it is not very intended contact, which is tortious. Apart from in acting in self-defence), there are many examples in everyday life where an i...
intentional injuries ....When someone decides they don't like you and walk up to you and punch you in the nose.
Physical violence which is the use of physical force that develops the possibility of disability, harm, injury, or death. Sexual violence which can be used to make someone participate in sexual acts against their will, by the way of restraints on one’s body. Threats of violence which can consist of words, weapons, and gestures with the notion to cause some form of harm. Finally mental/emotional violence which consist of trauma from the acts of violence.
This paper will compare Gordon W. Prange's book "At Dawn We Slept - The Untold Story of Pearl Harbor" with the film "Tora! Tora! Tora!" directed by Richard Fleischer, Kinji Fukasaku, and Toshio Masuda. While the film provides little background to the attack, its focal point is on the Pearl Harbor assault and the inquiry of why it was not prevented, or at least foreseen in adequate time to decrease damage. Prange's book examines the assault on Pearl Harbor from both the Japanese and American viewpoints to gain a global view of the situation and the vast provision undertaken by Japanese intelligence. The film and book present the Japanese side, the American side, the events that lead up to the attack, and the aftermath.
Assault means any direct and intentional act or conduct of Defendant which puts a reasonable person in apprehension of an imminent physical contact with his person.For example:When defendant tries to strike the plaintiff
1. What is the definition of an "ex post facto" law and why are they unfair? Ex post facto is a law that retroactively changes the lawful results of activities that were conferred, or connections that existed, before the authorization of the law. It is out of line since it might criminalize activities that were lawful when perpetrated; it might exasperate a wrongdoing by bringing it into a more extreme class than it was in when it was carried out; it might change the discipline recommended for a wrongdoing, as by including new punishments or broadening sentences; or it might modify the tenets of confirmation so as to make conviction for a wrongdoing likelier than it would have been the point at which the deed was carried out.
The intentional use of physical force with the potential for causing death, disability, injury, or harm. Physical violence includes, but is not limited to, scratching; pushing; shoving; throwing; grabbing; biting; choking; shaking; aggressive hair pulling; slapping; punching; hitting; burning; use of a weapon; and use of restraints or one 's body, size, or strength against another person.
Blunt force trauma is defined as a traumatic event caused by the introduction of any blunt instrument forcefully, causing injury to the body or head. The Severity of injury is determined by various factors. It may be due to mechanical force such as compression, traction, torsion or shear. Impact of the injury and severity depends on object and movement of victim. Injuries occurred may be internal such as lacerations of internal tissues, organs, fractures of bones or may be external such as abrasion, avulsion, contusion and laceration (Pollak & Saukko, 2009). Severity also depends on anatomical site impacted for ex: Lacerations have irregular margin, hanging causes abrasions, contusions and hyoid bone fractures, Ocular hemorrhages in case of blunt trauma to eyes or Fracture of ribs when hit on chest by a blunt object (Ressel, Hetzel, & Ricci, 2016). Severity is also determined by the duration of time and amount of force applied. Nature of trauma is of importance in forensic medicine. It helps in
Assault and battery are both a combination of threat to the victim and physical harm. they both are crimes and they both are regulated by statutes. Self defensive plays a role in both Assault and battery and intentional tort.The difference between Assault and battery is that they have different charges, assault has the charge of a felony and battery has the charge of misdemeanor.Also between the two is the existence and the nonexistence of touching. What makes these differ is that direct battery involves physical contact with the victim body being harmed by the defendant. Battery has three elements to it which is conduct, mental state and harm done. Conduct would be a case of battery that encompasses the physical act performed by the defendant.Next theirs the mental state battery charges if the person acts with eighter intent or injury or just criminal neglince and last there is harm which is anytype of bodily harm done to the victim that injurys them. When it come to the defendant it can give rises to as a criminal liability. Having a exposure is the element of battery. Assault is when a person is charged with a felony for threatening a person or frightening by the defendant. Assault is a created action that apprehensions in a forthcoming of harm or offensive contact .A direct Assault does not have physical contact but would be hard to prove because it’s more over words than actions without proof of physical contact.Good examples for Assault and Battery is Throwing of a knife to a person and hitting them is battery and assault is when the knife is thrown striking them and it misses it’s
In the dramatic play, “A Doll House”, Torvald comes across as an over controllable and degrading husband towards his wife, Nora. He becomes more overbearing throughout the play, thus treating his wife more as a child than a woman. Interactions between Torvald and his wife are displayed more as a father talking to his child. In his head, Torvald believes that he is better than the rest and his mentality is easily displayed through his actions towards not only Nora, but others as well. Torvald is depicted as a moralistic being who has a mindset that a husband must hold the most power within a marriage.