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Discussion Forum Assignment Sample

INTRODUCTION

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INITIAL POST

The issue in the case study

Here in the given case study, Alexander is a bus driver. He is driving the bus on a narrow road, and suddenly he has to brake sharply and forcefully because of the junction put by Bethany. Alexander got angry and shakes his fists at Bethany and shouted at him. 

Because of the forceful brake by alexander, colin was a passenger who was standing on the bus, get stumbled and bumped into Denise. Denise shouted at colin and said that if he would do that again she would slap him. Emil, boyfriend of Denise was standing at the other side of colin and mistakenly understood that colin has attacked his girlfriend. He punched colin in the backside of his head and knocked colin unconscious. 

When alexander heard the sound of fighting, he brought his bus to the bus stop. He used the locking mechanism for the prevention of passengers so that they could not open the door of the bus. 

Explaining torts

The term tort is defined as the act which is wrongful and the act where there is an infringement of the right. This tort is also considered a civil wrong. The individual who is liable for committing a tortious act is held responsible for the damages which have been suffered by the respondent. The tort is very much different than the criminal wrong. As the criminal wrong are mainly punished by the state. 

The terms torts and the remedies are very much connected. As the remedy is available for every such act that is tortious. But when there is no remedy, it can be termed as anything but not as the term tort. The term tort has been derived from a Latin word, like torture, that meant twisted or crooked. 

RULE OF BATTERY ASSAULT AND FALSE IMPRISONMENT

There are mainly three types of torts and that are- intentional tort, strict liability torts, and negligence torts. 

The intentional tort has two types that are battery and assault

Assault is the liability of the tort which is defined as an effort of harming any individual that involved threatening another person. So, assault is done with planning and consider as a violent attempt of harming a person. 

The term battery is defined as the type of intentional tort which simply means touching another individual without the consent of another person. In the battery, type of intentional tort, it is the personal liberty of the person which has been compromised, and physical harm to that individual has been caused. 

So, in simple words, the assault causes no physical harm to the individual and is just done to threaten the person. But in battery cases, this is done to harm the party physically. And also in the assault, there is no physical contact but in the cases of battery, there is physical contact that has been made. Therefore, if we go to the above case study, this is the case of the battery, when Emil, a friend of Denise, is liable for this. There is also a case of assault when Denise said to colin that she would slap him. 

False imprisonment that is also known as wrongful imprisonment is the term that occurs when an individual does not have any such legal right or any justification but still, that individual restricts another person, and his or her freedom. Then he or she could be found guilty of false imprisonment in the courts that are civil and criminal. 

ANALYSIS OF THE CASE

In the beginning, when Alexander puts the brake sharply and forcefully because of the junction put by Bethany at the time of driving his bus on a narrow road, he got angry and shakes his fists at Bethany and shouted at him. This is a case of the assault because he tried to punch Bethany, but there was no physical harm to Bethany. He just has tried to threaten Bethany. Therefore, this is also the case of assault.  

Then, in the further scenario, Because of the forceful brake by alexander, colin was a passenger who was standing on the bus, get stumbled and bumped into Denise. Denise shouted at colin and said that if he would do that again she would slap him. Here Denise is liable for doing assault. Colin had not bumped into her intentionally, but she threatened her that if he would do so, she would slap him. There was no physical harm to Colin by Denise. She just has tried to threaten colin. Therefore, this is also the case of the assault

Further in the scenario, Emil, boyfriend of Denise was standing at the other side of Colin and mistakenly understood that colin has attacked his girlfriend. He punched colin in the backside of his head and knocked Colin unconscious. This is a case of battery categorized in an intentional liability of the tort. It is a case of battery because there is physical harm done by Emil to colin. This case also can be classified as the case of criminal battery because Emil has hurt Colin intending to kill him. 

When Alexander heard the sound of fighting, he brought his bus to the bus stop. He used the locking mechanism for the prevention of passengers so that they could not open the door of the bus. This is the case of false imprisonment. Because Alexander does not have any such legal right or any justification but still that Alexander has restricted another person that is a passenger of the bus, and his or her freedom.

RELEVANT CASE LAWS

With the reference to the case law, A. C. Cama v. H. F. Morgan, it was that when the party has tried to make such gesture which has intentionally threaten the plaintiff. Then that act would be declared as an act of assault. Therefore, in the above case study, Alexander is liable for doing assault towards Bethany, Denise is liable for doing assault towards Colin.

With the reference to the case law, Wilson v. Pringle, it was held that the defendants had not tried to kill the individual but he has made an application of the intentional force. This does not matter whether it has the intention of causing an injury. Therefore, in the above case study, Emil has punched colin on the back of his head. Hence, this is the case of the battery, when Emil, a friend of Denise, punched Colin and is liable for the intentional tort battery.

With the reference to the case law, Bird v Jones, it was decided by the court of the law it is the case of false imprisonment like forcing to stay or locking in a room is quite similar. Therefore, Alexander was liable for the case of false imprisonment as he has locked all the passengers in a bus. And have forced them to stay on the bus. 

CONCLUSION

In the above case study, there are remedies available to Colin and other passengers of the bus are discussed below. There are three different types of remedies which are- 

Legal remedies

It is the form of compensation for the injuries that have been caused which are given to the plaintiff by the defendant. These are damages that are treated as tort claims. 

Restitutionary remedies 

These are the damages that are compensated at the time of calculation through the gain or the loss of the plaintiff that is caused by the defendant. This kind of restitution remedies also includes Restitution damages, Replevin, Ejectment, and Lien of the property. 

  • Replevin is the circumstances that help the plaintiff in recovering their personal property which has been lost because of the injury that is caused by a battery. Therefore, Colin must get Restitutionary damages from Emil. 

  • Ejectment is the remedy that is being given by the court, where he stays illegally in the property of the person. This is the case that is significantly used in trespass cases. 

  • The lien of the property is the circumstances when the defendant is not able to pay for the damages. Then it is the right of the judge that he might sell the property or lien the property as demanded by the situation so that damage could be paid by them. 

Equitable remedies 

It is the kind of damages when the monetary damages could not store the compensation for the injury which have been caused. It might include- 

Temporary restraining order- in the cases of assault and battery, when the defendant is physically harmed, then the victim has an option to get an order of restrain. This would help in preventing a defendant from making any kind of contact with the plaintiff. 

Permanent injunction- 

This is the injunction that prohibits the defendant from pursuing such activities which are started by them.  

Therefore, Emil is liable to pay restitution damages to colin. And Denise and alexander are liable to pay legal remedy to Colin. And alexander is also liable to pay a legal remedy to all the passengers.  

SUMMARY 

From this report, that is learned about battery, assault, and false imprisonment. There is also an explanation of various remedies which have been explained in this report. There should not be any kind of legal justification which have been presented for justifying the actions for which they have been accused. Various defenses are allowed or given to the victim so that they could prevent them from accusation. These include self-defense, defense of the others as well as the defense of the properties. 

The term self-defense is the most common defense that is used in cases of assault and battery. It protects them from damages that are not legal, and the main motive is to safeguard themselves. The defense of others is the case when there would be illegal use of the force that has been caused against this defendant because they have been trying to save others. The defense of the properties was used by the plaintiff for saving his property.  There are various kinds of remedies that have been allowed to the victims, from the court of the law. 



REFERENCES 

 

Arbel, Efrat. "Devalued liberty and undue deference: the tort of false imprisonment and the law of solitary confinement." Supreme Court Law Review 84 (2018).

Chamallas, Martha. "Will Tort Law Have Its# Me Too Moment?." Journal of Tort Law 11, no. 1 (2018): 39-70.

Code, Civil. "Torts; damages for violation of civil rights."

Curcio, Andrea A. "Institutional failure, campus sexual assault and danger in the dorms: Regulatory limits and the promise of tort law." Mont. L. Rev. 78 (2017): 31.

Curcio, Andrea A. "Institutional failure, campus sexual assault and danger in the dorms: Regulatory limits and the promise of tort law." Mont. L. Rev. 78 (2017): 31.

Epstein, Richard A., and Catherine M. Sharkey. Cases and materials on torts. Aspen Publishers, 2020.

Erlings, Esther. "False imprisonment in locked wards: The Public Advocate v C, B." Flinders Law Journal 21, no. 1 (2019): 109-120.

Luntz, Harold, David Hambly, Kylie Burns, Joachim Dietrich, Neil Foster, Genevieve Grant, and Sirko Harder. Torts: cases and commentary. Chatswood: LexisNexis Butterworths, 2017.

Luntz, Harold. "The Purposes of Damages in Tort Law." (2019).

Martin, Stevie. "FALSE IMPRISONMENT VIS-À-VIS DEPRIVATION OF LIBERTY: SMASHING THE OSSUARY." The Cambridge Law Journal 79, no. 2 (2020): 211-214.

Ronquillo, Yasmyne, Michael B. Pesce, and Matthew Varacallo. "Tort." StatPearls [Internet] (2020).

Sebok, Anthony. "Doing Away with Battery Law." Jotwell: J. Things We Like (2017): 1.

Sisk, Gregory C. "Holding the federal government accountable for sexual assault." IowA L. REv. 104 (2018): 731.

Sugarman, Stephen D. "Restating the Tort of Battery." Journal of Tort Law 10, no. 2 (2017): 197-236.

 

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