Let's try a quick hypo. A man ("A") sees his enemy ("B") while he is walking down the street. They are walking in opposite directions, and are about to cross paths. As B approaches, A pulls out his gun and aims it at B, intending to only scare him. The gun accidentally discharges and hits B in the arm. Putting aside possible charges of attempted manslaughter, what tort(s) has A committed here?
Discuss defamation in the context of the Lohan suit. What would Lohan have to do to prove her defamation claim? What potential defenses would E-Trade have?
Some sample responses. Good luck!!!
The first tort that has been committed is assault. Under common law, assault is an intentional tort. For a cause of action to arise, you must show:
- Intentionally causing
- Reasonable apprehension
- Of an immediate
- Harmful or offensive contact
The tort of assault does not require actual physical contact, just the reasonable fear of such contact. In this case, A pulls out a gun and aims it directly at B. Aiming a gun at a person would give rise to a reasonable apprehension of ...