Torts

Question 1

False Imprisonment General Rule

Answer 1

An actor is subject to liability to another for false imprisonment if a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and (b) his act directly or indirectly results in confinement and (c) the other is conscious of the confinement or is harmed by it.

Question 2

False Imprisonment: Confinement Rule

Answer 2

Confinement does not need to be physical. The confined individual is not required to endanger his person through escape efforts.

Question 3

False Imprisonment: Intent Rule

Answer 3

The requisite intent to confine can be shown through either motivation or knowledge: can be liable when his act was done for the purpose of imposing confinement upon the other and when acted with knowledge that confinement would result from his actions.

Question 4

Privilege (Defense)

Answer 4

Privileged actions if the actions were necessary in order to protect some interest of the actor or if the public which is of importance as to justify the harm caused or threatened by its exercise

Question 5

Negligence

Answer 5

In a negligence action, a P must show that D owed P a duty to conform his conduct to a standard necessary to avoid an unreasonable risk of harm to others, that D’s conduct fell below the applicable standard of care, that D’s conduct was both the actual and proximate cause of P’s injuries.

Question 6

Emotional Distress: Zone of Danger

Answer 6

In a claim for emotional distress, a P must make a showing of a direct claim or that they qualify as a bystander. A plaintiff who is within the zone of danger created by D and who suffers physical manifestation of emotional distress occasioned by a threatened injury may recover if P was closely related to vicim, was located near the scene of the accident, and suffered shock resulting from the sensory and contemporaneous observance of the accident

Question 7

IIED

Answer 7

To establish a prima facie case for IIED, a plaintiff must prove (1) that there was an act by the defendant amounting to extreme and outrageous conduct, (2) that there was an intent on the part of the defendant to cause the plaintiff to suffer severe emotional distress or recklessness as to the effect of the defendant’s conduct, 3) causation, and (4) damages in the form of severe emotional distress