Tort Consists of an Incident Essay

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If done accidentally, then it must be analyzed to see if it was negligent or if the defendant was liable (meant to harm). The harm may be done through another and the defendant is still the perpetrator or cause of the harm. Assault is similar to Battery in that the harm was meant to be done to the plaintiff, but in Assault, the victim perceives beforehand that there is an "offensive contact" about to occur.

Other types of tort actions against a plaintiff consist of false imprisonment (confinement or restraint of the victim), trespassing with intent to damage property, deliberately inflicting mental distress (mental abuse) in which the victim may or may not demonstrate physical evidence of such distress.

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Torts have many defenses for the defendant and are difficult to prove in many cases. However if the plaintiff can prove that the defendant "desires or is substantially certain the elements of the tort will occur," then the defendant will be able to win his or her case (Torts, 2009)......

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