Definitions Assignment - Torts Essay

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Pages: 45

Definitions Assignment - TORT

Intentional Torts – Intentional Torts are battery, assault, false imprisonment, trespass to land, trespass to chattel, and conversion. See examples of each below.

Battery – The intentional unlawful, harmful, or offensive touching of the person of another.
Example: The verbal argument has escalated to the point that Susan raised her hand and slapped Joe on the cheek. Susan committed battery against Joe.

Assault – The intentional threatening of another with a battery and the creating of apprehension of immediate bodily harm in the victim.
Example: The professional football player assaulted the referee by screaming that he was going to break the back of the referee and raised his helmet in the air
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The Defense of Self-Defense – Self defense is a defense that relates to the general proposition that a person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself or herself.
Example: Matt was withdrawing money from the ATM when someone behind snuck up behind him with a sharp object in his hand. Matt happens to be holding an umbrella and struck the pointed end of the umbrella at the offender which scratched his face.

The Defense of Defense of Others – The defense of others relates to the general proposition that a person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person.
Example: Tania was in the fast food line with her 5-year-old daughter when a homeless person behind them grabbed her daughter by the hair and started pulling hard and forcefully at her hair. Tania took off her high heel shoe and clocked the aggressor with the pin-heal of the shoe.

Step-in-Shoes Jurisdiction (Defense of Others) – In some jurisdictions a person is not