急急急 英美侵權法 的例子 幫解!!!給20點
希望能幫忙解 或是給解題方向 或者是能說出它們之間有什麼侵權行為
幫幫忙 我看不懂 = = \" 用中英文回答都可以 謝謝
Alice,whose eyesight is failing,was busily trimming her rose bushes which border the public sidewalk along the side of her house.At the time,Brian was out on his daily jog,waved to Alice as he took an unplanned shortcut through her backyard.Alice,who could not tell who Brain was,waved back in protest and ran towards Brain with her pruning shears in hand.
Brain`s friend,Cliff,who was walking nearby,noticed the developing events.Concerned for Brain`s safety,Cliff rushed up to Alice form behind,pushed her to the ground and took awayher pruning shears. Cliff then tossed the shears in a rosebush and ran towards Brain.
Just at that moment,Denny,who dislikes Brain,walked around the corner and saw Brain running through Alice`s backyard. Denny threw a rock at Brain and in the process stumbled and fell.The rock missed Brain and hit Cliff instead.
After regaining her feet,Alice picked up her shears,scratching herself in the process and walked over to Denny who lay on his back onthe side walk.Mistaking him for Cliff,Alice stood over Denny,pinning him in place.Snapping her razor sharp shears menacingly close to Denny`s belt buckle,Alice angrily snarled:Go ahead,make my day .Thoroughlyembarrassed and humiliated , and fearing for his personal safety,Denny cowered before Alice and the gathering crowd of curious neighbors.
Discuss any tort actions and/or defenses arising between Alice and Brain , Alice and Cliff ,Cliff and Denny ,as well as Denny and Alice.
- ?Lv 41 0 年前最佳解答
According to the actions in orders:
(1)Brain: ...on his daily jog,waved to Alice as he took an unplanned shortcut through Alice`s backyard...
→trespass to land, but lack of the malice
(2)Cliff: Concerned for Brain`s safety,Cliff rushed up to Alice form behind,pushed her to the ground and took awayher pruning shears....
→robbery, injury(as the case may be), but state of emergency/emergency doctrine
(3)Denny: threw a rock at Brain, The rock missed Brain and hit Cliff instead.
→injury with mistake(of fact), but it does no effect.
(4)Alice:Mistaking Denny for Cliff,Alice stood over Denny,... and fearing for his personal safety,
→intimidation, humiliation with mistake(of fact), but it does no effect.