Intentional Torts
Intentional Tort of Defense
Erica Davis
Introduction to Tort
June 7, 2012
Facts
On a Saturday night there were an incident between two males and a female in a bar called Bottom’s Up. A man name John had too much to drink and was intoxicated. He was shouting obscenities toward a lady name Jane that was sitting at a table next to another guy name Leroy, which he was a frequent customer. However, Jane ignored John and continued to drink her beer. When she ignored him than he approached her looking disturbed. Leroy asked John over to the bar for a drink, but John told him to mind his own business. John grabbed Jane’s wrist and when he did Leroy grabbed John’s wrist and put him in a neck hold. John was protesting Leroy to let go of him, but Leroy did not let go. Leroy placed John in a chair and told him not to make a move or he will punch him. After the incident happen Jane told Leroy that John was her husband.
Issue
1) Why was Leroy taking upon his self to defend Jane, even though she was a complete stranger? 2) Why did Leroy even put his hands on John, especially if John didn’t touch him? 3) In what ways did assault, battery and false imprisonment come into play in this case?
Rules
In this case it is considered defense of persons in which is a legal justification for assault, battery and false imprisonment. Assault is someone that intentionally puts another in fear and battery is when someone using force against another person. False imprisonment is someone that is holding another person down against their will. The reason it is considered defense of persons because Leroy was using reasonable force by protecting Jane the third person from injury where John threatened by an attacking force. According to KRS § 503.070, the only time to use physical force upon another person where it is justifiable is when causing serious injury or provokes the use of physical force to the other person.
Analysis/Application
On a Saturday night when John was
Erica Davis
Introduction to Tort
June 7, 2012
Facts
On a Saturday night there were an incident between two males and a female in a bar called Bottom’s Up. A man name John had too much to drink and was intoxicated. He was shouting obscenities toward a lady name Jane that was sitting at a table next to another guy name Leroy, which he was a frequent customer. However, Jane ignored John and continued to drink her beer. When she ignored him than he approached her looking disturbed. Leroy asked John over to the bar for a drink, but John told him to mind his own business. John grabbed Jane’s wrist and when he did Leroy grabbed John’s wrist and put him in a neck hold. John was protesting Leroy to let go of him, but Leroy did not let go. Leroy placed John in a chair and told him not to make a move or he will punch him. After the incident happen Jane told Leroy that John was her husband.
Issue
1) Why was Leroy taking upon his self to defend Jane, even though she was a complete stranger? 2) Why did Leroy even put his hands on John, especially if John didn’t touch him? 3) In what ways did assault, battery and false imprisonment come into play in this case?
Rules
In this case it is considered defense of persons in which is a legal justification for assault, battery and false imprisonment. Assault is someone that intentionally puts another in fear and battery is when someone using force against another person. False imprisonment is someone that is holding another person down against their will. The reason it is considered defense of persons because Leroy was using reasonable force by protecting Jane the third person from injury where John threatened by an attacking force. According to KRS § 503.070, the only time to use physical force upon another person where it is justifiable is when causing serious injury or provokes the use of physical force to the other person.
Analysis/Application
On a Saturday night when John was
References: Ky. Rev. Stat. § 503.070 (2012). http://lrc.ky.gov/KRS/503-00/070.PDF Buckley, W.R. & Okrent, C. J Torts and personal injury law 3rd ed. Ch.6 & 7 (2004). http://criminal.findlaw.com/criminal-charges/assault-and-battery-defenses.html