Intentional Torts Research Paper
TORTS ESSAY ONE
Scenario: Pilot, Dan and Farmer
In order to understand this scenario one must grasp the types of torts. We have intentional torts; negligence; and strict liability. (Torts.uslegal.com, 2015, Types of Torts - Torts. Retrieved 4 May 2015, from http://torts.uslegal.com/types-of-torts). An intentional tort is basically a “civil wrong doing” that happens when the “wrong doer” intentionally causes damages to another. (Torts.uslegal.com, 2015, Types of Torts - Torts. Retrieved 4 May 2015, from http://torts.uslegal.com/types-of-torts). There are many types of intentional torts, such as trespass, battery; false imprisonment and fraud just to name a few. Negligence is that when “careless conduct” is present as well as a …show more content…
A trespass gives the farmer the right to bring a lawsuit and collect damages. Trespass is an intentional tort and, in some circumstances, can be punished as a crime. (TheFreeDictionary.com, 2015, Trespass to land, retrieved 4 May 2015, from http://legal-dictionary.thefreedictionary.com/Trespass+to+land). Even though the pilot did not intend to crash that day he did indeed “intended” to land her plane on the farmers land. The pilot also did owe a duty of care to the public. Her plane should have been inspected and maintained in good working order. The fact that the plane lost altitude and “gave out” is indeed an indicator that the plane was not in good working order. Not maintaining the plane can also fall under the category of negligence. The pilot owed a “duty” to the general public (i.e. the farmer) and was negligent. The pilot may be able to use the defense of “necessity”. With “necessity defense” the pilot can assert that she had no choice but to make an emergency landing. This is a defense asserted by a criminal or civil defendant that he or she had no choice but to break the law with the rationale that, sometimes, in a particular situation, a technical breach of the law is more advantageous to society than the consequence of strict adherence to the law. (TheFreeDictionary.com,. 2015, Necessity defense. Retrieved 6 May 2015, from …show more content…
A person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. An act of restraint can be a physical barrier (such as a locked door), the use of physical force to restrain, a failure to release, or an invalid use of legal authority. Threats of immediate physical force are also sufficient to be acts of restraint. (Law.cornell.edu, 2015, False Imprisonment, Wex Legal Dictionary,Encyclopedia | LII / Legal Information Institute; Retrieved 6 May 2015, from
Scenario: Pilot, Dan and Farmer
In order to understand this scenario one must grasp the types of torts. We have intentional torts; negligence; and strict liability. (Torts.uslegal.com, 2015, Types of Torts - Torts. Retrieved 4 May 2015, from http://torts.uslegal.com/types-of-torts). An intentional tort is basically a “civil wrong doing” that happens when the “wrong doer” intentionally causes damages to another. (Torts.uslegal.com, 2015, Types of Torts - Torts. Retrieved 4 May 2015, from http://torts.uslegal.com/types-of-torts). There are many types of intentional torts, such as trespass, battery; false imprisonment and fraud just to name a few. Negligence is that when “careless conduct” is present as well as a …show more content…
A trespass gives the farmer the right to bring a lawsuit and collect damages. Trespass is an intentional tort and, in some circumstances, can be punished as a crime. (TheFreeDictionary.com, 2015, Trespass to land, retrieved 4 May 2015, from http://legal-dictionary.thefreedictionary.com/Trespass+to+land). Even though the pilot did not intend to crash that day he did indeed “intended” to land her plane on the farmers land. The pilot also did owe a duty of care to the public. Her plane should have been inspected and maintained in good working order. The fact that the plane lost altitude and “gave out” is indeed an indicator that the plane was not in good working order. Not maintaining the plane can also fall under the category of negligence. The pilot owed a “duty” to the general public (i.e. the farmer) and was negligent. The pilot may be able to use the defense of “necessity”. With “necessity defense” the pilot can assert that she had no choice but to make an emergency landing. This is a defense asserted by a criminal or civil defendant that he or she had no choice but to break the law with the rationale that, sometimes, in a particular situation, a technical breach of the law is more advantageous to society than the consequence of strict adherence to the law. (TheFreeDictionary.com,. 2015, Necessity defense. Retrieved 6 May 2015, from …show more content…
A person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. An act of restraint can be a physical barrier (such as a locked door), the use of physical force to restrain, a failure to release, or an invalid use of legal authority. Threats of immediate physical force are also sufficient to be acts of restraint. (Law.cornell.edu, 2015, False Imprisonment, Wex Legal Dictionary,Encyclopedia | LII / Legal Information Institute; Retrieved 6 May 2015, from