The types of intentional torts implicated here are battery and fraud. The former (fraud) is defined as “the intentional and harmful or offensive touching of another without his consent.” The latter (fraud) is defined as a “knowing misrepresentation”; a false statement of material fact that was knowingly or recklessly made by the defendant with the intent to induce reliance by the plaintiff. Punitive damages, which are designed to punish the defendant and deter all other potential defendants in the marketplace, are awarded to plaintiffs above and beyond their actual damages. In cases of intentional torts (i.e., when there is findings of wilfullness, maliciousness, or recklessness), punitive damage awards will be upheld provided they meet the ranges/ratios of punitive damages to actual damages, set forth in recent U.S. Supreme Court cases (BMW and State Farm). APPLICATION: Here, there was substantial evidence that the defendant, Motel knew of the widespread existence of bedbugs in their rooms.
For an assault to be considered a misdemeanor, it must be an assault that was unaccompanied by aggravation circumstances (Schmalleger, Hall & Dolatowski, 2010). Aggravated assaults, though, fall under the felonious assaults. Aggravates assaults are more of an intent to commit murder or rape. Battery Another personal crime is battery. The definition of battery is an
Why is plagiarism wrong? Plagiarism is a form of theft: to steal someone’s writing is to steal that person’sideas and mode of expression. Plagiarism is also dishonest: submitting a plagiarized paper is to falsely claim to have done the work of someone else. Plagiarism is self-defeating as well: copying someone’s writing does not really facilitate understanding of the content and nullifies an opportunity for genuine academic dialogue between student and teacher. What is the penalty for plagiarism?
Unit 204 Outcome 1 1.1 Physical abuse is an act of another party involving contact intended to cause feelings of physical pain, injury, or other physical suffering or bodily harm including hitting, slapping, pushing, kicking, or inappropriate sanctions Sexual abuse is a statutory offense that provides that it is a crime to knowingly cause another person to engage in an unwanted sexual act by force or threat. Including encouraging relevant individuals to look at pornography, harassing them by making sexual suggestions or comments,or sexual acts where the individual has not consented, or could not consent or was pressured into consenting. Emotional/ Psychological abuse is subjecting an individual to bullying tactics such as threats.These bullies can take away the self-confidence of their victim and sometimes render them brain washed into believing they will never make a go of it on their own or they are ugly; fat; theopposite sex wouldn't want them; they are stupid because they may have not got high enough marks in school; or, in the elderly threatening to put the elderly person in a home if they do not conform to the abusers wishes. Mental and emotional abuse can be between couples in a relation; siblings; elderly abuse or abusing one's peers. Including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks.
Battery is intentional, unwanted offensive bodily contact. 5.) Slander is a false oral statement harmful to a person’s reputation in business. 6.) Larceny is secretive and wrongful taking of personal property with or another with intent to take and
Issue: Did Mr. Ground commit INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS against Ms. Hadd? Rule: An act of extreme or outrageous conduct; Intent to cause severe emotional distress; Severe emotional distress is suffered; Proximate causation Analysis: It’s probable that Mr. Ground committed intentional infliction of emotional distress against Ms. Hadd by approaching her with a weapon and by committing an extreme conduct by striking her with the taser and causing severe emotional distress by stinging her with the taser causing her to hit the ground which was caused by his outrageous act. Conclusion: I believe that the tort of intentional infliction of emotional distress did occur.
Provocation and heat of passion are two key elements that must be proven regarding manslaughter. Assault is a personal crime that usually involves contact, or a confrontation between people. An assault is criminal violence against another person or physical contact with another person without his or her permission. In a situation, where a person has a fear of imminent peril or when apparent the assault would be committed if not prevented. A person can be accused for assault even without physical contact with another person.
This can be done by name calling, making threats or screaming at them. The signs or symptoms maybe anxiety, being fearful and low self-confidence. The person may result to behaviours such as rocking, hair twisting and become withdrawn. d) Financial abuse is stealing money or possessions. This could also be by tricking people into giving away money or possessions.
Q1a Mens Rea means a guilty mind and refers to the intention element of the crime. Each offence has its own mens rea e.g. the mens rea for murder is the ‘unlawful killing of a human being with malice aforethought, this means that contrary to common law the defendant must intend to kill or cause grievous bodily harm whilst the mens rea for theft is dishonesty with the intention of permanently depriving as cited in s1 Theft Act 1968. There are three different levels of mens rea, which may form the basis of criminal liability, these are Intention, Recklessness and Negligence. Intention is the highest level of mens rea.
a) Unauthorized Collection: Personal information must be obtained from an individual. Personal information can either be obtained from a living person or from a deceased person. b) Fraudulent Use: The criminal impersonates the victim by using their personal information to obtain financial gain by the use of their credit, or banking information. How Identity Theft Occurs Identity thieves use low-tech and high tech means when obtaining personal information of their victim. These means are broken