This week, we’ll be examining how our legal system protects persons who are injured by the purposeful act of another. These types of injuries are called intentional torts. The legal claims of assault, battery, false imprisonment, invasion of privacy, and defamation are examples of intentional torts.
For this discussion, choose one of the scenarios listed below and determine the intentional tort that you think applies. Make sure to explain your answer, including the elements of the claim, why you think those elements are or are not present, and what other information you would need to make this determination.
- A group of people protesting a company’s employment practices in the lobby of a building is surrounded by private security guards hired by the company.
- A teenager sends a joking message to his best friend telling him that there is a bomb in his basement.
- You accidentally leave your personal journal at the local coffee shop. Another customer finds it and shares your innermost secrets on his blog, but never identifies you as being the writer of the journal.
- At a family reunion at your parent’s home, you see Dave, a second cousin, take a very expensive bottle of wine from the wine cellar, place it in a duffle bag, and hurry out the backdoor. You quickly go to your father and tell him that Dave stole the bottle, and your father calls the police. In reality, your mother told Dave he could pick any bottle of wine from the cellar as a belated birthday present.
Second Topic- A teenager sends a joking message to his best friend telling him that there is a bomb in his basement
For this week’s discussion, I would like to mention that I have selected the point which tends to narrate about a teenager who sends a message jokingly to his best friend stating that there is a bomb in their basement area. Thus, I would like to mention that this idea is reflected to be one of the most difficult ends, to disclose about the tort, which fits on the best note. Therefore, I would like to mention that here, the tort that can be applied is basically the Intentional Infliction of Emotional Distress. Eventually, I gave a thought, stating that this can be a threat, given by a friend, then I could realize after reading the statement which signifies that this statement thoroughly tries to mention, this friend has found a bomb in the basement area. Therefore, texting can create suspicion within the mind of people, as well as friends, which can create a hustle within the family (French, 2022). Apart from this, the other friend who is actually getting the message shall eventually get raged over the situation and feel emotionally stressed by the text. Thus, this can act as a tort based on the infliction based on emotional distress. Therefore, this creates suspicion and the other friend’s family member can get disturbed by this joke sort of message, this is where as per my idea, the emotional distress comes to take its form, and this creates a complication (French, 2022).
Thus, this can be considered an intentional misdeed done to hyper another teenage friend with a joking message. Application made for this situation is actually slander and an intentional infliction made on the emotional distress of the teenage friend who received the message. Therefore, in this case, defamation can be maintained based on a bogus and false case in order to hurt the emotion of another person based on emotional distress. Therefore, the exemplary part of this situation can be dealt with as a joke too, made by a teenager. Therefore, as per my assumption, I would like to mention that this actually depends upon the situation, as in this situation, the complicity actually would have taken place to the parents and these parents have to pay towards the restitution that can do with a small tort message by a teenager to his best friend.
French, C. C. (2022). Insuring Intentional Torts. Ohio St. LJ, 83, 1069.