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A lies to B that B's husband met with an accident. This causes nervous shock and illness to B. A has committed an offence under which tort?
  • a)
    Battery
  • b)
    Negligence
  • c)
    Assault
  • d)
    Unlawful harassment
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
A lies to B that Bs husband met with an accident. This causes nervous ...
Offence under Unlawful Harassment

Unlawful harassment refers to any behavior that causes mental or emotional distress to another person. A lying to B about Bs husband's accident that causes nervous shock and illness to B is an act of unlawful harassment. Therefore, A has committed an offence under the tort of unlawful harassment.

Explanation

Unlawful harassment is a legal term that refers to any behavior that causes emotional or mental distress to another person. It can include verbal abuse, threats, intimidation, or any other act that makes someone feel uncomfortable, unsafe, or unwelcome. In this case, A lied to B about Bs husband meeting with an accident, causing B to experience nervous shock and illness. This act can be considered as an act of unlawful harassment as it caused emotional distress to B.

Battery, Negligence, and Assault are not the correct torts in this case. Battery refers to the intentional touching of another person without their consent. Negligence refers to the failure to exercise reasonable care that results in harm to another person. Assault refers to the threat of immediate harm or violence to another person. None of these torts are applicable in this case as A did not physically touch B, did not act negligently, and did not threaten violence.

In conclusion, A has committed an offence under the tort of unlawful harassment by lying to B about Bs husband's accident, causing nervous shock and illness to B.
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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Assault is typically defined as an intentional act that puts another individual in apprehension of immediate harm. Assault thus criminalises the threat of harm itself, rather than requiring that actual harm has occurred. For this reason, it is sometimes also known as attempted battery. Since assault is an intentional act, it cannot be committed by accident. This means that a perpetrator must have intended to cause fear in another person, or that he or she acted in a way that was knowingly dangerous, even if a specific individual was not targeted. Assault does not require that the victim feared is subjected to severe bodily harm or death. Any reasonable fear is sufficient.Assault also requires that an act be taken in furtherance of the threat of harm. This could be any variety of acts, including approaching someone with raised fists, scaring someone with a weapon, or attempting to push an individual into a crowded street. However, some sort of act is required. Simply stating a threat is not enough to create an assault unless the words are accompanied by an additional action that creates a fear of harm.Battery is, in many ways, the completion of an assault. Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. Since an assault is the threatening of harm, and a battery is the actual act of harm, the two crimes are often charged together. As with assault, battery requires that the perpetrator intended to commit the act.The act of battery does not require that the victim is severely injured or traumatised. Any type of touching that the victim considers harmful or offensive can be sufficient. For example, if a woman pours a mug of hot water on someone else, this could be a battery. To go even further, a classic case of a battery that does not result in pain or injury is when the perpetrator spits on the victim. However, a defendant will not be held liable for contact that is deemed offensive only because the victim is abnormally sensitive. The standard of offensiveness is determined from the perspective of an ordinary individual.When the conduct of a defendant is particularly egregious, he or she may be charged with the elevated crime of aggravated assault or battery. This can vary by state, but it is generally meant to criminalise conduct that society finds particularly offensive. Thus, for instance, aggravated assault may apply to circumstances when a deadly weapon, such as a gun, is used, or when the victim is particularly vulnerable, such as a pregnant woman or an elderly individual. In some states, if the harm done to the victim is particularly severe and causes serious and lasting injury, the assault or battery will be charged as aggravated. If the perpetrators actions could have caused death, the defendant will face a charge of attempted murder and manslaughter.Q.A man was very sensitive to touching as he suffered from an extremely rare illness. One day, he was caught up in a fight with his co-worker and the co-worker just touched him; as a consequence of which he ended in the hospital. As per the passage, decide.

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A lies to B that Bs husband met with an accident. This causes nervous shock and illness to B. A has committed an offence under which tort?a)Batteryb)Negligencec)Assaultd)Unlawful harassmentCorrect answer is option 'D'. Can you explain this answer?
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