Intentional Torts: An Analysis Of Mcdonald's Arguments

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There are four different intentional torts and they include battery, assault, false imprisonment and infliction of mental distress. Battery is defined in our textbook as “the intentional infliction of a harmful or offensive contact upon a person” (Edwards, Edwards, & Wells, 2012, p. 33). What happened to Murray McDonald did include battery, even though the only physical contact that occurred was when Murray was pushed into the swimming pool. The men that surrounded him had teased him and berated him, then pushed him into the pool, this constitutes battery. Assault is defined as “the intentional causing of an apprehension of harmful or offensive contact. Apprehension does not mean fear but does require the plaintiff to be aware of the impending contact” (Edwards, Edwards, & Wells, 2012, pg. 34). Murray was the victim of an assault because though he did not have his glasses on, he knew that the men were going to throw him into the pool. Our textbook defines false imprisonment as “committed when a person intentionally confines another” (Edwards, Edwards, & Wells, 2012, pg. 35). I do believe one could make an argument that Murray was falsely imprisoned within the men surrounding him. He had no alternate routes away from the attack and can say threat of danger was imminent at the time of the imprisonment. The fourth tort committed is intentional infliction of emotional distress. The definition provided by The Cornell University Law School states “infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and…show more content…
(2013). Intentional Infliction of Emotional Distress. Retrieved November 1, 2013, from Cornell University Law School: http://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress Edwards, L. L., Edwards, J. S., & Wells, P. K. (2012). Tort Law (5th ed.). Clifton Park, NY: Delmar Cengage

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