LAW2044 LAW OF TORT II Essay Example | Topics and Well Written Essays - 3000 words

LAW2044 LAW OF TORT II - Essay Example However, unlike the other three, the commission of a battery may not have intent to do harm but what must be present is the intentional contact or physical contact between the doer of the crime and recipient4. This follows the principles surrounding mens rea and actus reus which in theory implies that there can be no criminal liability based on mens rea alone, but if the actus reus element of a crime is defined then it may potentially turn in to a guilt offence.5 In battery, there are two circumstances that may arise wherein it would constitute as battery (1) intent to cause harm or offensive body contact and/or (2) intend to cause an imminent apprehension of a harmful or offensive bodily contact.6 When for example, A throws a dagger at B, A expressed an intention to commit battery against B. But in the event that B throws a dagger at A but intends to miss but making A think that she would be hit, then that is still battery.7 The statement made by Trindade categorically separates bat tery from assault. Assault requires no physical contact but is a direct threat by the defendant which intentionally places the claimant in reasonable apprehension of an imminent battery.8 This is illustrated in the 1970 battery case where the defendant filed a case of battery against the policeman on the grounds that the policeman tapped the shoulder of the defendant to get his/her attention. The court found that the grounds of the battery charges were not enough to punish the police officer.9 While in the case of Collins v Wilcock, the policewoman grabbed the upper arm of the woman she was questioning to prevent her from walking out on her, and in response, the woman being questioned scratched the policewoman. The woman was charged with assaulting a police officer but the court found that the actions of the policewoman were enough to be convicted for a battery charge and the charges against the woman being questioned was lifted since her actions was to defend herself.10 In the case of R v Parmenter, the father of the baby was charged with four counts of causing GBH to his son. The baby sustained injuries to his bone structure of his legs and arms. The injuries were caused by the father’s mishandling of the baby. Although the father did not know that his actions would cause injuries to his son, the jury believed that the father should have prevented it by taking necessary measures to be more knowledgeable on how to handle a baby. The father was convicted with the four counts of GBH.11 It is the considered view of this writer that the overt act or mere physical contact should constitute as battery if taken against the will of the recipient. The intention to have contact even without the intent to do harm should be considered as a tortuous act. Emotional or psychological distress would accrue if the threat of harm is present. The elements and definition of the act should consider the psychological and emotional distress inflicted even if there was no inte nt to harm. The mere attempt should be considered tortuous since the possibility of physical harm will cause emotional and psychological distress therefore this should be given weight and credence when a person is charged with battery. Part B Question (a) The right of a person to enjoy a property12 is considered a basic human right and therefore, its peaceful

Sales Pitch Wk 7 Essay Example | Topics and Well Written Essays - 500 words

Sales Pitch Wk 7 - Essay Example Raise the proposal continuously? The proposal could be raised continuously through two approaches: by monitoring the performance of proposed changes and reporting the outcome to management; and by elevating the matter to senior management through performance reports to propose wider target markets (additional schools and universities), as deemed necessary. Package the issue incrementally? Packaging the proposed new product incrementally could mean recommending increasing either the volume, product sizes, or product variants to the target market depending on performance and demand. Tie it to profitability? Bundling techniques mean linking the proposed change to other ideas or issues. In this case, a proposal to market new products to schools, for instance could be tied to profitability by proving to management that the pro-forma financial statements would indicate profits of so much if the projected volume would be sold in a particular time period. Tie it to market share or organizational image? Tying the proposed launching of a new product to market share or organizational image simply means that by targeting children, the market share of the organization would increase by, say 10 to 20% within the defined time frame. The effect would boost organizational image as patronizing a new product through children in school have potentials for brand retention and repurchase. Tie it to concerns of key stakeholders? Key stakeholders include shareholders (who would benefit from increased profits and returns), employees (would be motivated with good financial performance), consumers (needs would be satisfied), community (a healthy product would benefit the community in terms of emphasizing proper nutrition that would be derived from the new product which is needed for child development). Tie it to other issues? The new product could be tied to corporate responsibility and environmental protection. The proposed product must use environmentally promoted packaging