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Tort Pros And Cons

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Introduction
Dear Alexis,
For you to have legal rights against Donald there must be required elements to be met, in your situation the law that we will be discussing is Intentional Torts. This covers Battery, Assault and False Imprisonment.
I have found the following issues in the statement you have provided;
1) Moving the plants into your bedroom
2) The throwing of the glass causing minor cuts
3) Wanting to scare and make you feel unsure of yourself by leaving notes throughout the house
4) The moving of the clock
5) The comment “you never know what I can do to you”
6) Grabbing by the throat
7) The knife attack

Trespass to land
There are four elements required to establish Trespass to land
1) Locus Standi meaning – exclusive possession …show more content…

Injury is defined in the Wrongs Act Victoria S28B as psychological and psychiatric. The second issue mentioned above after you were false imprisoned by the sliding of the clock and totally restrained of your liberty Donald said, “you never know what I can do to you”. The first element that we can establish is the Intentional threat. Secondly, in these circumstances this would instil immediate and imminent harm into a reasonable person if they had been in that position. And thirdly, the imminent harm is reasonable as there were no means of escape. The two issues above I believe is enough to constitute …show more content…

It has long been established that any touching of another person, however slight, may amount to battery. The tort of trespass to the person protects the right to be free of uninvited physical contact. In Marion’s case, McHugh J (at 309-310) defined the modern tort of battery thus: Those rights can only be altered with the consent of the person concerned. Thus the legal requirement of consent to bodily interference protects the authority and dignity of the individual and limits the power of others to interfere with that persons body.
To constitute battery the following elements must be present:
1) Intentional conduct
2) Positive and affirmative action directly resulting in contact with the person of another and;
3) Voluntary

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