Question

Chapter 6

1) What is a tort? If I push you in oder to intimidate you, but due to the fact that you have a bad heart cause you to have a heart attack, would I be liable for your damages related to the heart attack under intentional tort theory?

2) Why is "Wrongful Interference with a contractual relationship" a tort rather than a breach of contract?

3) Distinguish wrongful inteference with a contractual relationship from wrongful inteference with a business relationship.

4) What distinguishes trespass to personal property from conversion?

Answer 1

Answer to the above question. Since there are 4 questions but as per the rules i will be answering the 1st question alone.

Any act which is wrong and hamper the image or any physical damage of the other person is said to be a TORT.

The given case is not a case of "Intentional Tort" as according to the tort theory, when someone pushes the other person without knowing the actual condition of the person is said to be a damage done unintentionally. Because intentional tort theory states that a tort is said to be intentional only when the mindset of the person committing Tort is to cause the harm. In the given case, since the person committing Tort did not intend to cause heart attack to the other person, it is out of scope of the term "Intentional Tort". However, the ultimate burden of proof lies on the tortfeasor (person committing Tort) that his intention was not to cause heart attack to the other person, while committing the act, so as to be able to avoid the liability.