Nobody downloaded yet

LAW2044 LAW OF TORT II - Essay Example

Comments (0) Cite this document
Summary
Part A In battery what is required is intentional contact not an intention to do harm1 –is the main point of the paper authored by F. Trindade. This researcher will critically analyse and discuss this statement with reference to the battery aspect of trespass to the person through breaking down the elements of battery and what sets it apart from the other intentional tort–assault…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.3% of users find it useful
LAW2044 LAW OF TORT II
Read TextPreview

Extract of sample "LAW2044 LAW OF TORT II"

Download file to see previous pages However, unlike the other three, the commission of a battery may not have intent to do harm but what must be present is the intentional contact or physical contact between the doer of the crime and recipient4. This follows the principles surrounding mens rea and actus reus which in theory implies that there can be no criminal liability based on mens rea alone, but if the actus reus element of a crime is defined then it may potentially turn in to a guilt offence.5 In battery, there are two circumstances that may arise wherein it would constitute as battery (1) intent to cause harm or offensive body contact and/or (2) intend to cause an imminent apprehension of a harmful or offensive bodily contact.6 When for example, A throws a dagger at B, A expressed an intention to commit battery against B. But in the event that B throws a dagger at A but intends to miss but making A think that she would be hit, then that is still battery.7 The statement made by Trindade categorically separates battery from assault. Assault requires no physical contact but is a direct threat by the defendant which intentionally places the claimant in reasonable apprehension of an imminent battery.8 This is illustrated in the 1970 battery case where the defendant filed a case of battery against the policeman on the grounds that the policeman tapped the shoulder of the defendant to get his/her attention. The court found that the grounds of the battery charges were not enough to punish the police officer.9 While in the case of Collins v Wilcock, the policewoman grabbed the upper arm of the woman she was questioning to prevent her from walking out on her, and in response, the woman being questioned scratched the policewoman. The woman was charged with assaulting a police officer but the court found that the actions of the policewoman were enough to be convicted for a battery charge and the charges against the woman being questioned was lifted since her actions was to defend herself.10 In the case of R v Parmenter, the father of the baby was charged with four counts of causing GBH to his son. The baby sustained injuries to his bone structure of his legs and arms. The injuries were caused by the father’s mishandling of the baby. Although the father did not know that his actions would cause injuries to his son, the jury believed that the father should have prevented it by taking necessary measures to be more knowledgeable on how to handle a baby. The father was convicted with the four counts of GBH.11 It is the considered view of this writer that the overt act or mere physical contact should constitute as battery if taken against the will of the recipient. The intention to have contact even without the intent to do harm should be considered as a tortuous act. Emotional or psychological distress would accrue if the threat of harm is present. The elements and definition of the act should consider the psychological and emotional distress inflicted even if there was no intent to harm. The mere attempt should be considered tortuous since the possibility of physical harm will cause emotional and psychological distress therefore this should be given weight and credence when a person is charged with battery. Part B Question (a) The right of a person to enjoy a property12 is considered a basic human right and therefore, its peaceful ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“LAW2044 LAW OF TORT II Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Retrieved from https://studentshare.org/law/1398488-law2044-law-of-tort-ii
(LAW2044 LAW OF TORT II Essay Example | Topics and Well Written Essays - 3000 Words)
https://studentshare.org/law/1398488-law2044-law-of-tort-ii.
“LAW2044 LAW OF TORT II Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/law/1398488-law2044-law-of-tort-ii.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF LAW2044 LAW OF TORT II

Tort Law

...Law December 19, Tort Law In this case, law mainly talks about gas leakage occurred in a pub. Alan was the landlord of that particular pub. In case of a contract, the responsibility is imposed by a contract among the parties, while in tort the duty already stands direct by the act without any alternative. Besides, in a contractual relationship, the responsibility imposed by law is in the directions of the other party, by whom there is privity of agreement. In tort, the responsibility lies in the directions of the members of the public or world at large, with whom there is no requirement for any contract. “A...
3 Pages(750 words)Assignment

Tort Law

...? TORT LAW Tort Law A tort is a civil- wrong other a breach of contact or trust. Unlike crime which is a wrongagainst the state, a tort is against an individual or a group of individuals or a group of individuals. This is a framework of individual rights, responsibilities and actions that is applied by courts in their civil proceedings to relieve the persons who have suffered harm as a result of wrongful acts caused by others. The person suffering from the tortuous act is called the plaintiff. On the other hand, the person responsible for causing the injury and therefore, held liable responsible for the damage is called the defendant or...
12 Pages(3000 words)Essay

Tort law

...? Tort Law of the of the Tort Law Nervous shock is the term used by the legal profession for psychiatric injury. Such injury can be accompanied by physical symptoms. For instance, a heart attack could be engendered by psychiatric injury. A claimant for nervous shock has to submit evidence of having undergone serious psychiatric injury. Moreover, such psychiatric injury should be other than passing sorrow or fear. Such claims have to be supported by medical evidence, and the judiciary has depicted willingness to lend credence to claims entailing nervous shock.1 In order to advise Newns store in respect of its liability against its customers, the following issues have to be...
7 Pages(1750 words)Essay

TORT LAW

...?TORT ESSAY In Fred’s situation, the legal regulations regarding the law of tort should be applied. The will thoroughly analyze the situation based on the possible claims that Fred might have and provide legal solutions for each matter. The law of torts will be widely applied in this essay, due to the fact that it “will often help us not only to justify the existence of liability, but also guide us to determining the extent of the tort.”1 1. Fred’s claim against Paul regarding the capital gains tax I believe Fred is entitled to sue Paul for the suffered economic loss because of the neglected duty of care on behalf of the latter. Paul had...
6 Pages(1500 words)Essay

TORT LAW

...? TORT LAW Institute The issue in this question requires an analysis of Occupiers Liability Act 1957 and 1984. The Acts have not defined what an occupier means, the only decisive element is that there must be control of the premises. A detailed discussion in respect an occupier was provided in the decision of Wheat v Lacon1. In respect of the facts at hand it is evident that Eric is the owner of the museum and has sufficient control over the premises to be considered as an occupier. Occupiers Liability Act 1957 deals with lawful visitors as described in s.1(2) whereby a common duty of care is owed to such visitors. The status of the entrant is quite easily that of a...
10 Pages(2500 words)Essay

Law - Law of Tort

...?Law of Tort As a branch of civil laws, law of tort came into existence at the beginning of the nineteenth century although most developments in the subject were achieved later. The law of tort is concerned with civil crime unlike the common branch of criminal laws. The law is concerned with claims where the defendant has broken important responsibilities imposed by the common law leading to losses or injuries (Yeats, Giliker, & Luckham, 2005). In most cases, people who have suffered injuries apply law of tort to seek compensation as...
9 Pages(2250 words)Essay

Tort Law

...?Tort law Introduction A tort suit is unlike a criminal case, which is instigated and subsequently managed by the it is prosecuted and subsequently managed by the victim or the family of the victim. When such a suit is successful, the results are not in the form of sentencing but rather in a judgment of liability1. This mode of judgment usually entails the plaintiff being compensated financially by the defendant. Simply put, the plaintiff is given the opportunity to transfer the financial burden that has come as a result of the injury, to the defendant. However, in some instances the defendant may be awarded more than the amount due as compensatory relief. This additional amount is known as punitive damages. Similarly, there may... be...
8 Pages(2000 words)Essay

Tort law

...? Tort law Tort Law Tort law is one of the widely applied laws in the English common law. It cuts across from the social to theprofessional fields. It is widely used as a measure to govern the people against any form of injury or harm from those people who are considered to be responsible of their well-being. In essence, it provides civil action against people who fail to act responsibly towards their duty and hence causing harm to those under their care. Due to its common use in determining court cases, a few matters have risen a point of concern in this law during its application. In...
4 Pages(1000 words)Essay

Tort Law

...Tort work- House of Lords Tort Judgment My Lords, the success of the appellant’s appeal will depend on his establishing that the Court of Appeal’s ruling that the respondent did not owe John a duty of care, under the law of tort, constituted a misapplication of the law, in respect of the stated facts and as such was tantamount to an error of law. Accordingly, the starting point is to determine the requirements for duty of care in tort at law. The principal requirements that the appellant must establish under the tort of negligence is that the respondent owed him a duty of care. The test...
6 Pages(1500 words)Essay

Tort Law

...Tort Law TORT LAW Question In the first case, Omar can claim damages from McNulty for psychological injury. This is because a doctor has diagnosed him PTSD arising from the accident caused by McNulty, which is a defined illness relatable to occurrences after an accident. Since events from Omar Little’s past could cause his PTSD and the accident by itself could not result in such an occurrence, he could claim that experiencing flashbacks from the crash that have exacerbated his childhood experiences. However, it will be essential for him to get an expert clinical psychologist or psychiatrist, rather than a general practicing doctor, to give evidence (Best & Barnes, 2011:...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic LAW2044 LAW OF TORT II for FREE!

Contact Us