Intentional Tort of Defense
Introduction to Tort
June 7, 2012
On a Saturday night there were an incident between two males and a female in a bar called Bottom’s Up. A man name John had too much to drink and was intoxicated. He was shouting obscenities toward a lady name Jane that was sitting at a table next to another guy name Leroy, which he was a frequent customer. However, Jane ignored John and continued to drink her beer. When she ignored him than he approached her looking disturbed. Leroy asked John over to the bar for a drink, but John told him to mind his own business. John grabbed Jane’s wrist and when he did Leroy grabbed John’s wrist and put him in a neck hold. John was protesting Leroy to let go of him, but Leroy did not let go. Leroy placed John in a chair and told him not to make a move or he will punch him. After the incident happen Jane told Leroy that John was her husband.
1) Why was Leroy taking upon his self to defend Jane, even though she ...view middle of the document...
According to KRS § 503.070, the only time to use physical force upon another person where it is justifiable is when causing serious injury or provokes the use of physical force to the other person.
On a Saturday night when John was intoxicated he was shouting obscenities toward a lady name Jane. He was very rude, obnoxious, and assaulting. Jane was sitting at a table next to Leroy’s, but she ignored John and continues to drink her beer. John was not very please and gave her a disturbed look. When John was shouting to her it became an assault because he intentionally put her in fear. However when he reached out and grabbed her wrist it was considered a battery because John was using force against another person. Leroy had put his hands on John’s wrist, put him in a neck hold, and would not let go, which became a false imprisonment because he was holding John against his will. Leroy was protecting Jane because he saw that she was in fear and was threatened by an attacking force, which is considered defense of persons. According to KRS § 503.070, which was the Kentucky Statute the defense of persons is when causing serious injury or provoked use of physical force to the other person.
Leroy saw that John was intoxicated and put his hands on John because he seen that there was a threat against Jane, which he protected her. The assault, battery, and false imprisonment was involved in this case because John intentionally put fear in her, reached out and grabbed her wrist, but when he did than Leroy stepped in. Leroy grabbed John’s wrist and put him in a neck hold and didn’t let him go, which is considered false imprisonment. According to KRS § 503.070, only time it is justifiable in using defense of others is when causing serious injury or provoked use of physical force to the other person. Assume that Leroy can prove that John acted with the requisite intent, John will be liable for assault, battery, and false imprisonment.
Ky. Rev. Stat. § 503.070 (2012).
Buckley, W.R. & Okrent, C. J Torts and personal injury law 3rd ed. Ch.6 & 7 (2004).