Monday, September 23, 2019
Torts Essay Example | Topics and Well Written Essays - 750 words
Torts - Essay Example The battery occurred when he (Wilkes) decided to hit Miss Oaks in the face with his fist, which resulted into Oaks being unconscious, her jaws broken in two places, and her sinus cavity having collapsed. Apart from the assault and battery, Wilkes also caused Miss Oaks to experience emotional distress, thus the plaintiff should also sue the defendant for intentional infliction of emotional distress. This is because the defendant managed to intentionally cause severe emotional distress via an act that was extremely outrageous. That is, the outrageousness of the act is attributed to the fact that the defendant carried out the assault on the plaintiff in front of many other students, which is something demoralizing to the plaintiff. Given the plaintiff is a still a young girl, such an incidence taking place in front of several other students tends to have a serious emotional impact on the plaintiff, especially once she reports back to school. More to that, Thomas Wilkes is also to be sued for invasion of privacy, given that he approached Oakââ¬â¢s table during lunch break, where verbal abuse ensued despite being warned by the assistant vice principle to stop his abuses towards the plaintiff. On the other hand, the other defendant is Rusty Converse, who is the assistant vice principle, and is responsible for student disciplinary matters at Westview High School. The second defendant, Mr. Converse, ought to be sued for Negligence. This is because he failed to act as a reasonable vice principle and teacher, especially one who has obligated with the role of ensuring that all students in his school, Westview High, are disciplined. Given his duties of making sure that no student ever feels threatened by a fellow student, Mr. Converse neglected his duties and intentionally caused the harm towards the plaintiff. In other words, he (Mr. Converse) breached and violated his duties, which was to
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