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Solution for Business Law 3rd Edition Chapter 4, Problem 1

by Nickolas James
128 Solutions 13 Chapters 13476 Studied ISBN: 9780730305743 Business Law 5 (1)

Chapter 4, Problem 1 : 1.Johnny sees George, a young customer at his...

1.Johnny sees George, a young customer at his restaurant, reach into the open cash register and grab a handful of notes while Stephen, the person serving him, is looking the other way. Johnny rushes up to George, grabs his arm, pulls the money out of his hand, pushes him into a chair, and orders him to ‘stay there until the police arrive, or I will lose my temper’. Thirty minutes later the police arrive and take George away for questioning. George has now threatened to sue Johnny in the tort of trespass to the person. Has Johnny committed the tort? When answering this question consider all three forms of the tort.

 

 

Step-By-Step Solution

See Business Lawpp 174-176.

 

Issue 1

Has Johnny committed the tort of battery?

 

Law

The tort of battery is committed by X if all of the following requirements are satisfied:

1.X causes some sort of physical interference with the body of Y.

2.X’s act is direct.

3.X’s act is either intentional or negligent.

4.There is no consent by Y or lawful justification for X’s act.

 

Application

1.Johnny (did/did not) cause physical interference with George because …

2.Johnny’s conduct (was/was not) direct because …

3.Johnny’s conduct (was/was not) intentional or negligent because …

4.The contact (was/was not) made without George’s consent because …

 

Conclusion

Johnny (has/has not) committed the tort of battery.

 

 

Issue 2

Has Johnny committed the tort of assault?

 

Law

The tort of assault is committed by X if all of the following requirements are satisfied:

1.X causes Y to develop a reasonable apprehension of imminent physical contact.

2.X’s act is direct.

3.X’s act is either intentional or negligent.

4.There is no consent by Y or lawful justification for the act.

 

Application

1.Johnny (did/did not) cause George to reasonably apprehend imminent physical contact because …

2.Johnny’s conduct (was/was not) direct because …

3.Johnny’s conduct (was/was not) intentional or negligent because …

4.The contact (was/was not) made without George’s consent because …

 

Conclusion

Johnny (has/has not) committed the tort of assault.

 

Issue 3

 

Has Johnny committed the tort of false imprisonment?

 

Law

The tort of false imprisonment is committed by X if all of the following requirements are satisfied:

X causes Y to be totally restrained.

X’s act is direct.

X’s act is either intentional or negligent.

There is no consent by Y or lawful justification for the act.

 

Application

Johnny (did/did not) cause George to be totally restrained because …

Johnny’s conduct (was/was not) direct because …

Johnny’s conduct (was/was not) intentional or negligent because …

The contact (was/was not) made without George’s consent because …

 

Conclusion

Johnny (has/has not) committed the tort of false imprisonment.

 

Issue 4

Can Johnny rely upon any defences?

 

Law

A person accused of committing the tort of trespass may be able to rely upon the defence of ‘defence of property’ if the trespass (usually to the person) was reasonably necessary to protect the defendant’s land or goods from imminent harm by the plaintiff and was proportionate to the threat.

 

Application

The trespass by Johnny (was/was not) reasonably necessary to protect Johnny’s goods from imminent harm by George because …

Johnny’s trespass (was/was not) proportionate to the threat because …

 

Conclusion

Johnny (can/cannot) rely upon the defence of ‘defence of property’.

 

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