HILARY CASE.doc - RunningHead HILARY CASE 1 Hilary Case Amber Howard LEG 107 Professor Thomas Noto March 1 2018 HILARY CASE 2 Hilary Case The Davis

HILARY CASE.doc - RunningHead HILARY CASE 1 Hilary Case...

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RunningHead: HILARY CASE 1 Hilary Case Amber Howard LEG 107 Professor Thomas Noto March 1, 2018
HILARY CASE 2 Hilary Case The Davis Hilary case is about a fifteen year old boy (Davis Hilary) who was attacked by Bobby Jones who is also a student while trying to exit the bus. Bobby Jones did prevented Davis Hilary from exiting the bus by holding him down and threatening him. There were medical bills that followed the incident, as well as mental distress. Memorandum Since Bobby intentionally harmed Davis the intentional tort of battery can be used for our clients claim. Bobby did commit battery when he intentionally caused harm to Davis with offensive contact. Bobby did hurt Davis and there are sizable medical expenses, Davis should also be compensated for pain and suffering; which is why we will be perusing the case for tort damages as well. There should also be compensation for mental distress from the incident which is labeled as intentional emotional distress tort. We will have to prove that Bobby did perform the act to intentionally cause harm, injury, and damage to Davis(Goldamn & Cheeseman, 2017). I would like to reference Garratt v. Dailey case from 1955. A young boy Brian pulled a chair from underneath another student Ruth as she went to sit down. When Brian pulled the chair out Ruth fell and broke her hip. In return Ruth filed a law suit against Brian’s family because she felt that he intentionally moved the chair which resulted in her injury. The results of the case were $11,000 awarded in damages to Ruth. Brian’s family made the claim that a 5 year-old could not be liable for intentional tort and they appealed the case. After the appeal the court ruled that a child can be held accountable because Brian knew that his act could cause injury or harm to another person (Intentional Tort, 2015).
HILARY CASE 3 To prove intentional tort there must be a presences of intent, acting, and actual cause. The

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