IT Cases

Question 1

Brown (1850) (intent)

Answer 1

established intent

Question 2

Cohen (negligence)

Answer 2

defendant hit with sudden, unanticipated illness not liable for battery in resulting car crash

Question 3

Spano (strict liability)

Answer 3

established strict liability with blasting

Question 4

Garratt (intent)

Answer 4

kid pulling chair out from under woman

intent is subjective; kids can have intent

Question 5

Wagner v. State (intent)

Answer 5

mentally ill ward of state injured someone, not able to cognize intent to harm
holding: single-intent (as long as intent was to make contact, there does not have to be intent to harm)

Question 6

Ranson v. Kitner (intent)

Answer 6

mistake does not negate intent (shot dog while hunting wolves)

Question 7

McGuire v. Almy (intent)

Answer 7

mental illness does not negate intent

Question 8

Talmage v. Smith (Intent)

Answer 8

Intent can transfer between people (and between ITs)

Question 9

Cole v. Turner (battery 1704)

Answer 9

defines battery

Question 10

Wallace v. Rosen (battery)

Answer 10

(school fire alarm, stair fall) harmful and offensive touching is objective; crowded world theory of ordinary contact

Question 11

Fisher v. Carousel Motor (battery)

Answer 11

(thrown plate with racist epithets) harmful and offensive touching of effects can be battery

Question 12

1348 assault barn/inn case

Answer 12

establishes assault

Question 13

Western Union Telegraph v. Hill (assault)

Answer 13

there must be apparent present ability to conduct harm (debate of whether the man could have reached far enough over counter to grab woman he was sexually harassing)

Question 14

Big Town Nursing Home (FI)

Answer 14

outlines elements of FI

Question 15

Parvi v. City of Kingston (FI)

Answer 15

(drunk dude suffered memory loss from accident) lack of later recollection does not negate FI (conscious in the present moment of confinement)

Question 16

Hardy v. LaBelle’s Distributing Co (FI)

Answer 16

(employee questioned in room over alleged theft) words and emotional motivation alone cannot constitute FI (fear of losing a job doesn’t render behavior involuntary)

Question 17

Enright v. Groves (FI)

Answer 17

(Dog leash and ID case) FI can result from an arrest made without the proper legal authority

Question 18

Whittaker v. Sandford

Answer 18

(yacht) denial of necessary transport out of a sufficiently isolated place constitutes physical restraint for FI

Question 19

State Rubbish Collectors (IIED)

Answer 19

duress can be IIED when it causes evident and severe mental suffering

Question 20

Slocum (IIED)

Answer 20

(woman claims verbal insults caused her ed and heart attack). IIED governed by objective standard of conduct. The language must exceed all bounds which can be tolerated by society.

Question 21

Harris v. Jones (IIED)

Answer 21

there must be a concrete measure of the emotional distress for IIED (guys worsening stutter isn’t enough since he already had a nervous disposition)

Question 22

Taylor v. Vallelunga (IIED)

Answer 22

(daughter saw V beat up her dad, he didn’t know she was there) must be intentional to be IIED

Question 23

Dougherty v. Stepp (ToL)

Answer 23

no damages required for trespass to land

Question 24

Herrin v. Sutherland (ToL)

Answer 24

disturbing enjoyment of land can be trespass to land

Question 25

Rogers v. Board of Road (ToL)

Answer 25

(D left equipment behind after repairs, P’s plough struck the metal and killed him) the consequences of trespass can exceed what is foreseeable; once consent for entering land expires it becomes trespass to land

Question 26

Glidden v. Szybiak (ToC)

Answer 26

there must be actual damage for trespass to chattels when intermeddling

Question 27

CompuServe (ToC)

Answer 27

(spam email group using P’s email list to spam its customers) electronic signals can constitute physical intermeddling for trespass to chattels

Question 28

Pearson v. Dodd (Conversion)

Answer 28

(D made copies of P’s papers without P’s consent) must substantially interrupt usage to be conversion unless information is protected (creative or sellable product)