Sample Paper

Only available on StudyMode
  • Download(s) : 80
  • Published : April 6, 2013
Open Document
Text Preview
Midterm Essay
Tort Law

Torts and Defenses
FACTS:

Teenage Son has borrowed parent’s car one evening. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until the last possible moment, barely escaped injury when he finally jumped aside. Unbeknownst to either your son or his girlfriend, her younger brother had crawled into the back of the car during the fracas with the father. Once your son pulled out of the driveway, the little boy screamed to be released from the car. Your son, who harbored some latent hostility toward the little brother, took great delight in holding him captive for several miles before letting him out of the car to walk home.

Next, the twosome headed to a remote place in the country to enjoy a little privacy. Deeply involved in professing their love for each other, neither noticed the approach of a man brandishing a gun. The man punctuated each demand to get off his land by firing a shot in the air. Thoroughly frightened, the two lovers beat a hasty retreat but, with one last act of bravado, your son took aim at a sign on the man's property and obliterated it with the car. Later, as an afterthought, your son casually mentioned to you that before leaving the property he took the opportunity to fire a few shots in the man's direction with a gun that he had "borrowed" from you.

On the way home, your son drove quite fast and had to swerve to avoid a boy on a bicycle. The boy lost control and hit a tree. A passing pedestrian rushed to help the boy, only to be hit by another car. While in the hospital, the pedestrian was treated by an inexperienced nurse and suffered permanent disfigurement. The pedestrian is unable to work and has emotional anxiety about his appearance.

Ultimately, your son arrived safely at home with a car that was only slightly scratched from its close encounter with a sign.

DISCUSSION:
PART I-Intentional Torts
In this scenario, the following intentional torts were committed as follows: • Assault
o Assault- against the teenage son
• False Imprisonment- against the teenage son
• Trespass to land- against the teenage son
• Intentional Infliction of Emotional Distress against the teenage son, second car driver, and the nurse

The Teenage Son has committed the most torts in this scenario. The first intentional tort begins with the incident between him [Teenage Son] and the father. The tort committed would be assault. Assault is defined as the intentional causing of an apprehension of harmful or offensive contact, (Tort Law for Legal Assistants, pg 37). An actor is subject to liability to another for assault if, (1) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (2) the other is thereby put in such imminent apprehension, Restatement [Second] of Torts § 24. The Teenage Son has (1) threatened to run the father over as he revved his car’s engine if the father and (2) the danger to the father would be imminent. By the Teenage Son’s actions, the elements have been fulfilled. He went to carry out his act and the father had to jump out of the way to prevent injury by the vehicle. Had the car touched the body of the father it would have been battery. An actor is subject to liability to another for battery if, (1) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and, (2) a harmful contact with the person of the other directly or indirectly results. Restatement [Second] of Torts § 13 The second...
tracking img