Torts and physical injury

Introduction

Torts and personal injury are sometimes regarded as the same law but they are not considered to be identical. Tort is usually defined as the law which provides people the right to compensate when any other individual harms or attacks their legally protected interests. On the other hand, personal injury is defined as the law which arises due to the result of violation of tort law. During personal injury, a person suffers from some sort of injury whether it's physical and psychological. This can also be done due to any kind of accidents or medical malpractice.

Discussion

The intentional torts are defined as one of the categories which describes civil wrong which usually results from an intentional act on the part of tort feasor. The law in United States, the law states that intentional tort is defined as the situation in which one individual injures or harms someone else feelings or property intentionally. One of the most common and controversial tort is the intentional infliction of emotional distress. This tort is defined as the tort which is claimed of recent origin for the internal conduct which can results in extreme distress (Klar, 2008)

The case has been discussed which states that George is one of the key players of the basket ball team. George has signed a contract according to which he is going to be employed for the next five years. However, George boss wants to get rid of him as soon as possible. Jerry who is George boss wants to create such situation which would force George to leave the job.

For this purpose, jerry has switched off the air conditioner in George office and also convinced every employee to stop talking to George so that he may get irritated. Moreover jerry also started to tap phone lines of George office and would play his tapes in the office to embarrass him in front of everyone. After such reactions and issues caused by jerry, George alleges jerry for intentional infliction of emotional distress. Further jerry dismissed the complaint by saying that George has not provided any adequate theory for intentional infliction of emotional distress. The charges which have been given to jerry by George are true as jerry has been trying to emotionally distress his employees (Gerven, 2001)

According to the intentional infliction of emotional distress there are certain elements of the law. As the law stated that there are specific rules for intentional inflection which includes extreme conduct which may intentionally causes harm or emotional distress to some other individual. The law states that if the law satisfies all the elements above, the individual who is causing the extreme behavior is liable for both severe emotional harm. The court will deny the motion to dismiss as jerry has been involved in causing emotional harm to George. The motion to dismiss is defined as the request which is made in front of the judge. On the basis of motion to dismiss, the judgment can be ...