Essay on "Arises"
Essay 3 pages (1052 words) Sources: 2
[EXCERPT] . . . .
By taking this action, the young man has committed another intentional assault tort. Similar to his attempt at running over his girlfriend's father, the mere act of firing shots in the direction of the gun brandishing man constitutes an assault. He does not have to have damaged the man in any way in order to be found liable for the tort of assault. In either assault situation already mentioned, for the young man to be found liable for tort assault the plaintiffs must merely demonstrate that they had a reasonable apprehension of injury. As to the owner of the property brandishing a gun and shooting aimlessly into the air no tort has necessarily arisen. The young man and his girlfriend might argue that they had a reasonable apprehension of injury based on the man's behavior but the man has the right to protect his property. The question whether the man's behavior was reasonable under the facts is for the jury to decide.In the couple's fleeing from the man's property the young man driving the car may be liable for negligence in the way that he operated the motor vehicle when he caused a boy riding his bicycle to lose control and hit a tree. In some limited jurisdictions, negligence might not attach due to the fact that there was no physical contact between the car and the bike but in most jurisdictions this showing would not be necessary. His liability, however, would be limited to the damages suffered by the bike rider as a proximate result of his having to swerve to avoid more serious injury. The young man driving the car would not be liable for injuries that may or may not occur once he arrived at the hospital.
As to the bike rider's treatment at the hospital by the inexperi
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In the end, the behavior of the young man resulted in several torts, both intentional and negligent being committed but few actual damages occurring. The most significant damage occurs by virtue of the nurse's actions and proof of her potential negligence involves a number of complex causation issues.
References
Glannon, J.W. (2010). The Law of Torts: Examples and Explanations (4th Edition). New York: Aspen Publishers.
Landes, W.M. (1981). An Economic Theory of Intentional Torts. International Review of Law and Economics, 127-164.
Vandeveide, K.J. (1990). A History of Prima Facie Tort: The Origins of a General Theory of Intentional Tort. Hofstra… READ MORE
Quoted Instructions for "Arises" Assignment:
“Tort Law : Essay in a Word document.
Case Facts:
Suppose you come home one evening to discover that your teenage son "borrowed" your car and went on a spree. 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.
What intentional torts were committed in this scenario? What negligent torts were committed in this scenario? State what defenses could have been raised by each of the actors who committed a tort. Also discuss issues of causation.
How to Reference "Arises" Essay in a Bibliography
“Arises.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/arises-due-fact/7857026. Accessed 1 Jul 2024.
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