NAME THAT TORT Read the situation and provide the tort that is illustrated. Is t
ID: 388251 • Letter: N
Question
NAME THAT TORT Read the situation and provide the tort that is illustrated. Is the tort an intentional tort, negligence, or strict liability? Tell me about the requirements and how/if those requirements are met in the examples provided and what if any defenses exist for that tort 1. I have a small business in which I provide collection services for government agencies. I have a longstanding relationship with the City of Sheboygan in which I charge them a flat rate and do all of the City's collection work related to tax liens on properties in the city. You start a new collection business in town and believe you can provide the same service for a lower price. You approach the City Council and offer to provide the same services that l provide, but at a 10% discount. The City is still not convinced to use your company. You realize that you'll have to be more aggressive if you want the business, so you stake out the home of the City's business manager, hoping to find something that you can use to threaten him. When you can't see anything from the road, you sneak onto his property and dig around in his trash. You find telephone bills indicating that he has a rather expensive phone sex habit. Sensing the value of these bills, you take them with you and confront him the next day. Knowing that you'll expose him, he reluctantly shifts the business to youExplanation / Answer
The given scenario is a clear case of intentional tort. An intentional tort is one kind of tort in which an individual intentionally conducts a wrong act in the civil sense. There are 5 types of intentional tort – battery, assault, trespass to land, false imprisonment and trespass to chattels. In the given case, the subject clearly conducted trespass to land at the home of the city’s business manager.
The various elements of intentional tort are:
There are basically 4 types of defenses that the victim (manager in this case) can resort to:
https://legaldictionary.net/intentional-tort/
https://injury.findlaw.com/torts-and-personal-injuries/necessity-defense-and-intentional-torts.html
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