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Intentional Tort Paper

1156 words - 5 pages

Name
Kaplan University
PA165 – Unit 3 Assignment
November 30, 2014

FACTS:
Leroy McPhillen was visiting The Bottom’s Up Pub, a place he frequented often, when an inebriated man named John caused a commotion by yelling obscenities at a woman sitting at a table near Leroy. Though the woman ignored the man’s shouting the man began to approach her in an aggressive manner. Mr. McPhillen stopped the man before he reached the woman’s table and invited him for a drink at the bar. The man refused, telling Mr. McPhillen that he should mind his own business, and grabbed the woman by her wrist. It was then that Mr. McPhillen twisted the man’s other arm behind his back carefully and restrained ...view middle of the document...

John could also be guilty of committing Intentional Infliction of Emotional Distress, depending on what he had been shouting at the woman. Okrent, C., & J.D.. (2009).
Mr. McPhillen is also guilty of committing Assault and Battery when he physically restrained John. The three basic elements to battery include unconsented physical contact, offensive or injurious contact, and the tortfeasor’s intent to touch in an offensive or harmful manner. By ordering the man to sit the chair and not allowing him to get up, Mr. McPhillen has also committed the intentional tort, False Imprisonment. There are four elements of false imprisonment and they include unconsented confinement, tortfeasor’s intent to confine, and no practical way of escape. The fourth element includes confinement for a substantial duration of time. Though the hypo do not give a specified amount of time, for Mr. McPhillen to have committed false imprisonment, the duration of time in which he confined John must be significant before a charge could be brought forth. Okrent, C., & J.D.. (2009). 
RULE:
IC 35-42-2-1 – Assault and Battery
Assault is committed when the tortfeasors has intentionally placed another person in reasonable apprehension of immediate bodily harm.
Battery is committed when a person knowingly or intentionally touches another person in a rude, insolent, or angry manner.
False Imprisonment
Under Indiana law, false imprisonment is defined as the unlawful restraint upon one's freedom of movement or the unconsented deprivation of one's liberty.
ANALYSIS:
Mr. McPhillen can be charged with the following:
Assault and Battery
Defense: In Defense of Persons, a person may use reasonable force against another person to protect a third person in the event of imminent use of unlawful force.  Under IC 35-41-3-2, Mr. McPhillen has fulfilled all of the elements necessary to declare Defense of Persons.
Elements: (1) use of reasonable force, (2) to defend or protect a third party from injury, (3) when the third party is threatened by an attacking force. Mr. McPhillen did use reasonable force to restrain John and to protect the woman from injury. The force used was not excessive given the man’s aggressive behavior. Given the fact that the intoxicated man intended to cause harm to the woman, and the fact that Mr. McPhillen was unaware of the two’s relationship, he was well within the law’s limitations when he restrained John.
False Imprisonment
Defense: Because Mr. McPhillen was coming to the aid of another...

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