Walter, a security guard for ABC inc, learns that Steve, a new employee of ABC, really works for a competitor of ABC. Walter takes Steve to a small soundproof room where he keeps him for six hours. During this time, Walter continues to ask Steve what he is doing at ABC and what information he has given the competitor. Walter tells Steve that he will hurt him if he does not tell him everything. Steve finally tells Walter what he wants to know. Walter then lets Steve go home. Has Walter committed any torts? If so, explain. What if any liability ABC may have for Walter's actions.
To determine if Walter's actions committed any torts and what liability, if any, the company has for Walter's actions, let's first look at a few definitions: tort, true threat and vicarious liability.
I. Tort: This is a negligent or intentional civil act that is not connected in anyway to a contract or statute. It is an act that injures someone in some way and allows that the injured person be able to sue the violator for damages. Legally, a tort is considered a civil wrong rather than a criminal wrong although some acts such as battery may be considered both a tort and a crime and the violator may face both civil and criminal charges.
A tort may be committed with or without force. An example of a tort committed with force would be assault, battery, imprisonment. A tort committed without force are violations of the absolute or relative rights of an individual and include nonfeasance (the omission of some act that is expected to have been performed), malfeasance (an act carried out by a public official that cannot be legally justified or that conflicts with the law) and misfeasance (the abuse of lawful authority in order to achieve a desired result).
II. A true threat is a statement, implied intent or action that ...
This solution discusses whether Walter's actions committed any tors and what liability, if any, the company has for Walter's actions. This solution is 833 words.