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Intentional Torts to Property and Defenses of Intentional Torts - Essay Example

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This may always result to injuries to the other parties, destruction of properties, among others. Following the effects of such…
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Intentional Torts to Property and Defenses of Intentional Torts
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Intentional Torts and Possible Defenses al Affiliation Intentional Torts and Possible Defenses It is of crucial significance to understand that torts refer to civil wrongdoings that are always carried out by one party against the other. This may always result to injuries to the other parties, destruction of properties, among others. Following the effects of such wrongdoings, the offended individual may decide to take some civil actions against the offender. Relevant to the above, it is of critical significance to understand that several types of torts occur.

The three most common types of torts include intentional torts, negligence torts, as well as, strict liability torts (Morissette, 2009). Intentional torts always refer to such wrongdoings intentionally directed to one party to inflict pain, cause harm or injuries to the other party. In connection to the above, it is important to acknowledge the fact that there are several types of intentional torts. These may comprise of battery, assault, false imprisonment as well as frauds. In addition, intentional torts may always take the form of trespassing, as well as invasion of privacy.

Other than intentional torts, other types of torts include negligence and strict liability torts (Emanuel, 2009). Negligence torts always take the form of failure of a person to act in a manner that demonstrates careful attention to the affected party, thereby making the other party sustain injuries and harm that could have been provided if good care could have been observed in time (Okrent, 2010). Strict liability torts assume the nature of negligence torts. In strict liability torts, the offender may be responsible for the damages and injuries sustained by the plaintiff even if the offender was not negligent.

This paper is going to identify some of the intentional torts and possible defenses in the provided hypothetical scenario.In the hypothetical scenario, there are different types of intentional torts evident. Invasion of privacy is one of the types of intentional torts in the hypothetical scenario. This is evident when John grumbles at Leroy when Leroy ordered for a drink. In this instance, John warns Leroy to mind his own business yet Leroy had nothing to do with him. The second type of intentional tort evident in the scenario is the assault.

This is evident when John shouts obscenities at Jane. In addition, he also grabs Jane’s wrist in a manner that shows he can inflict some pains on her. John also verbally assaults Leroy by telling meddling into his own privacy by telling him to mind his own businesses. Trespassing is also another type of intentional tort that is evident in the hypothetical scenario. John is seen as trespassing as he meddles in the issues that do not concern him when he verbally belittles Leroy when he ordered for a drink.

However, it may also be argued that Leroy also trespassed the boundaries of marriage between Jane and Leroy. However, he was unaware that the two were couples until Jane told him. Relevant to the hypothetical scenario, there are some forms of defenses that are evident. Some of these include defense of others as seen when Leroy held and twisted the other arm of John in order to prevent him from harming Jane. Self defense is also one of the types of defenses in the scenario. This is evident when John protests vehemently after his art was grabbed and twisted by Leroy.

Protection is the other type of defense evident. This occurs when Leroy protects Jane from the danger posed by John, as well as, ending up protecting himself too from the possible dangers that may have followed if he did not act as he did.ReferencesEmanuel, S. (2009). Torts. Austin: Wolters Kluwer Law & Business.Morissette, E. L. (2009). Personal injury and the law of torts for paralegals. New York: Aspen Publishers.Okrent, C. J. (2010). Torts and personal injury law. Australia: Delmar Cengage Learning.

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