Question

1. Describe the difference between intentional torts against persons and intentional torts against property. Include a minimum of three categories of both types of torts, and provide an example of each one in your own words.  

Answer 1

Intentional torts against persons

Assault and Battery- Within a criminal case, assault and battery are two closely related, but often separate, allegations. An attack occurs when one person acts deliberately in a way that triggers a legitimate anticipation (or fear) of an immediate harmful or offensive touch. If the deliberate act of the defendant deliberately causes offensive or damaging interaction with the complainant, a battery occurs. Therefore, an attack requires the possibility of harmful contact, while the actual harmful or offensive touching itself is included in a battery. Assault and battery can also form the basis of a criminal case.

False Imprisonment and False Arrest- A defendant can be liable for false imprisonment if, by real use of force or a threat of force, he or she arrests the claimant or limits his or her freedom of movement. False arrest, often considered a form of false imprisonment, occurs when the defendant unlawfully arrests the complainant at the time of the arrest, whereas false imprisonment may result from unlawful detention following a legal arrest or an unlawful detention unaccompanied by an arrest. Note that anybody (a shop owner, a private security guard) may be held responsible for false imprisonment and false arrest, not just police officers or other officials.

Intentional Infliction of Emotional Distress- Intentional infliction of emotional distress usually happens when the defendant knowingly or recklessly causes the complainant serious emotional distress by engaging in "extreme or ridiculous" behaviour. It is difficult to define extreme or egregious conduct in exact terms and would usually be left to the jury or judge to determine, but it is broadly defined as going beyond the conceivable grounds of morality and being completely unacceptable in a civilized society.

Intentional torts against

Property torts are a particular class of deliberate torts that occur when the violated right is a right of property rather than a personal right. (Land is seized from someone, because they didn't think it was theirs because it was passed down.) Many older, and largely outmoded, principles in property law include detinue, replevin, and trover.

These include trespass to land (entering someone's land without permission), trespass to chattels (handling items owned by another without permission), and conversion (taking possession of someone else's property with the intent not to return it)