Trespass consists of a number of distinct torts including: battery, assault, false imprisionmnet, trespass to land and trespass to chattels. rThe tort of trespass has many distinct characteristics such as Actionable per se: This states that trespass actions protect fundamental civil liberties, such as automy, security and dignity in respect of one’s personal property and the significance of such rights is duly recognised by the fact that trespass actions do not require proof of damage. Direct Result/Impact: This is an action in trespass which exists only where the ‘trespass’ is the direct result of a voluntary act. Salmond & Heuston’s definition:‘An injury is said to be direct when it follows so immediately upon the act of the defendant that …show more content…
It can be defined as: Any act of the defendant which directly and intentionally causes the plaintiff immediately to apprehend a contact with his person. In general words will not amount to an assault unless they are accompanied by actions which could be perceived as a possible assault. . The essential feature of this tort is the mental impact on the plaintiff, who must perceive the likelihood of imminent battery. This belief must be reasonable, in light of all the circumstances, and is not dependent on the defendant’s actual intention or ability to implement the threatened contract. Thus, a person who employs threats or intimidating gestures without any intention of implementing the threatened harm commits an assault, unless the intention not to pursue is reasonably apparent. Application: Anne is receiving “threatening phone calls”, this act does constitute an assault. The caller can be convicted under s.47 Offences Against the Person Act 1861 as in the case R v Ireland . Anne lives alone and so receiving numerous threatening phone calls will have a mental impact on her as she believes she is more at risk of an imminent battery. Even though Anne knows the caller, they are still commiting an assault as they are employing threats. …show more content…
Consciousness of confinement does not appear to be a requisite element of the tort, though the level of compensation would be less for a person who was not conscious of the confinement. Battery is the direct application of physical contact upon the person of another without his or her consent, express or implied Application: The bouncer initially causes the confinement of Anne to the back room. He restrains her to the area by telling her to ‘stay or else’. As in the case Dullaghan v Hillen. The security guard robbed her of total restraint and liberty as in the case. The security guard detained her movement in all directions and Anne was constrained to the walls of the back room supported by the case Bird v Jones . The security man implied physical contact on Anne without her consent committing a battery on her as supported by the caseWhite v Store Security. Conclusion: Anne was falsely imprisoned by the security guard and a battery was committed upon her. She has the legal rights to sue under the tort of trespass for
Gauze contrasts Hawthorn’s case as the defendant in Gauze never stopped occupying his apartment before committing the offense, so he still had an absolute right. •
3. Rules of Law 3.1. Restatement (Second) of Torts&21(1965): “Assault is done when someone intends to cause a harmful or offensive contact with another person or if there is any imminent apprehension of a contact”. 3.2. W.Prosser&J. Keaton, Prosser and Keaton on Torts 10 (5th ed.1984): “ Doing and shaking a fist under someone’s nose, to aim or strike at him with a weapon, or to hold the weapon in a threatening position, to raise or advance to strike someone, to surround him with force, is considered as an assault.”
Although there was no threat of physical harm, there was a threat to his liberty if he left. Merchant threatened to call the police on Driver, which constitutes a threat to his liberty and freedom. If there is a threat to the person being detained, this contributes to the false imprisonment claim. Furthermore, Merchant originally had shopkeeper’s privilege, but lost it after detaining Driver for an unreasonable amount of time. Summary of the
Mr. Smith upon being arrest was transported to the local holding facility and was booked in as a criminal awaiting a court date. He was placed in a holding cell with no mattress or blanket on a concrete floor for 2 days waiting to be placed in general population. His fingerprints and mug shot were taken. Mr. Smith had prior arrests for OWI, DWS, felony theft and burglary charges he served four years on a ten year sentence and was on parole. Mr. Smith
DISCUSSION I. Under the Ohio Duty of Care Owed to Trespasser Statute, even though Oleg Burov likely knew that children might trespass on his property, he will likely not be liable for a slip and fall injury Frank Gaad sustained outside a hot tub on Burov’s property. Using the doctrine of attractive nuisance the Ohio Duty of Care Owed to Trespasser Statute establishes the liability of real property owners for injuries sustained by minor trespassers. Mayle v. McDonald Steel Corp., No. 2010-T-0090, 2011 Ohio App. LEXIS 4319, at *18 (Ohio Ct. App. Oct. 7, 2011).
1. In this case a major fight broke out in the cafeteria. As officers tried to regain control of the situation, one of the prisoner’s fingers was broken. The prisoner does not have a case against the prison/officer.
From handbook: Code 412: Assault of Teacher or Staff An intentional or reckless act that causes or has the potential to cause physical injury to a teacher or school staff on school grounds or at a school-sponsored activity. Joseph was trying to keep another student from harm. He did not assault Mr. Reese. He pulled Mr. Reese's arm from about Olivia's neck.
Legal Background In the state of Nevada, battery is constituted by “any willful and unlawful use of force or violence upon the person of another.” This definition is based on the Nevada Revised Statutes, Chapter 200 Section 481. Its purpose is to create a basis for prosecuting individuals involved in criminal suits. In other words, if the individual is found guilty of battery, then the statute similarly prescribes recommended consequences that correspond to the nature of their conduct.
No actual physical touching is necessary to be charged with a simple assault because words can be enough. According to
The court will presumably find Rachel Wilson’s “fear of imminent physical harm” to be that of a reasonable person in the context of the “totality” of the evidence, including Abington’s prior physical and verbal threats as well as his more recent threats. The court will also likely, assert that Wilson’s fear is reasonable due to the frequency of Abington’s texts, direct messages, and emails. Thus, the evidence presented is sufficient to grant an order of protection, for it clearly establishes Wilson is reasonably in fear of imminent physical
The teacher overheard some students say Susan has ibuprofen on her. Now if the facility member went up to Susan and proceeded to strip search her after she tells them she doesn 't have any, this would violate her right to privacy. With it only being ibuprofen the right to her privacy weigh more than the government interest. So when the school strip searched her, they violated her privacy which goes against the
Coercion and Threats are defined as: Making and carrying out threats to do something to hurt an individual, making the individual do illegal things, threatening to leave the individual, comit suicide. Finally, Responsibility Abuse which is making the victim responsible for everything in life, parenting, jobs around the house, things the abuser is responsible to do. Mr. Snopes is notorious for
Non Fatal Offences Against the Person Act 1997 section 2 states : " A person shall be guilty of the offence of assault who without lawful excuse intentionally or recklessly :a)directly or indirectly applies force to or causes an impact on the body of another causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact without the consent of the other " . Following this with the incident between Murt and Bernie , Murt agrees to take part in an incident that could cause harm to himself as well as impact from the body of another . However in section 3 A person who assaults another causing him or her harm shall be guilty of an offence . Section 4 then states a person or intentionally
Abstract: Domestic violence is a pattern of abusive behaviour in an intimate relationship which is used by one partner to dominate the other. Women have always treated differently as compare to men and everywhere she is the targeted for violence and exploitation. Domestic violence by intimate partner is an alarming issue which puts women at backstage for her developments. The aim of this paper deals with the causes and consequences of Domestic violence by Intimate partner by using Induced Fuzzy Associative Memories .This paper consists of five section. First section deals with introduction .In