Employment and Law of Tort Essay Example | Topics and Well Written Essays - 500 words

Employment and Law of Tort - Essay Example In our scenarios, it is seen that the first case deals with the aspect of tort law dealing with emotional distress caused by the employer. It must be noted that in order to establish the occurrence of intentional emotional distress, the plaintiff or the person inflicting the tort should show any of the four patterns as indicated by Biotech.law.lsu.edu (1983) Moving onwards to the second scenario, a trick played by the chef resulted in physical injury to the cashier thus breaking his wrist. This is a clear example of assault and battery. Stender and Steele (2009) mention in their study that according to the Restatement (Second) of Torts  § 18 (1965), â€Å"one is subject to liability for battery if: (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact; and (b) a harmful contact with the person of the other directly or indirectly results†. Bestattorneysonline.com (2012) describes the tort of assault as the fear of the plaintiff whereby he is of the idea that the defender might cause him physical harm. In other words, the injury has not been inflicted but rather a threat has been made or action showing the intention of causing hurt has been done. On the other hand, battery is labeled as the harmful act itself, i.e. the injury has been inflicted with direct and intentional force to cause harm or damage to another person. Bestattorneysonline.com (2012)  Legal Articles - What is the Difference Between Assault and Battery? [online] Available at: http://www.bestattorneysonline.com/articles/makhsudul-islam/what-is-the-difference-between-assault-and-battery/368/ [Accessed: 17 Dec