Tort Law: Duty/Reasonableness of Care - Essay Example

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Summary
Torts is a category of law that deals with personal injury. There are several types of personal injuries, to be sure-both intentional and unintentional, dealing with the issues of negligence and so forth. Basically, there are six types of torts.
There are intentional torts against persons, which deal with very specific charges that are incurred when one person injures another…
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Tort Law: Duty/Reasonableness of Care
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Download file to see previous pages "In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or 'aggravated' assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon" ("Assault/Battery," 2009). In many states now, there is actually little difference between verbal threats and actual physical injuries being incurred.
One example of assault was the recent "battle" between model and actress Tila Tequila (actual name Tila Nguyen) and NFL player Shawne Merriman. There was a big to-do on social networking site Twitter about the incident, in which Tila Tequila brazenly told her Twitter followers that she had been assaulted by Merriman.
In the tussle between Tila Tequila and Shawne Merriman, for example, Tila claimed that she had been severely injured while fighting with Merriman. She showed evidence of bruising and claimed that Merriman had beaten her and choked her.
False imprisonment is when a person is held by another person or organization against his or her will. This means that someone is, without that person's consent, having their movements restricted by another person or an institution.
False imprisonment i...
the will of the other; or unlawfully and intentionally causing bodily harm to an
individual" ("Battery Law and Legal Definition," 2009).
In the tussle between Tila Tequila and Shawne Merriman, for example, Tila claimed that she had been severely injured while fighting with Merriman. She showed evidence of bruising and claimed that Merriman had beaten her and choked her.
Since obviously Merriman made unwanted physical contact, this constituted battery. However, once again in this case, as mentioned before, the charges were dropped.
c. c) False Imprisonment
False imprisonment is when a person is held by another person or organization against his or her will. This means that someone is, without that person's consent, having their movements restricted by another person or an institution.
False imprisonment is a very serious crime, and it is prosecuted vigorously. Holding someone against one's will is a reprehensible act that closely resembles, but is not necessarily the same as, kidnapping.
Tila Tequila also claimed that she had been a victim of false imprisonment. She claimed that she was not allowed to leave the house where she had been staying.
This charge was also dropped however, and the DA decided not to prosecute.
d) Misappropriation of the Right to Publicity
According to Frackman et. al. (1996), "The right of publicity makes it unlawful to use another's identity for commercial advantage without permission. In recent years, that right has grown to encompass the potential misappropriation of voice, performance style, former names, and maybe, as contended in a case recently filed in Indiana regarding the race horse Cigar, . . . the image of an animal."
Misappropriation of the right to publicity basically means that someone's ...Download file to see next pagesRead More
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