Torts MEE Rules

Question 1

Elements of tortious assault

Answer 1

1) an act by the defendant
2) creating a reasonable apprehension in the plaintiff
3) of immediate harmful or offensive contact
4) intent to bring about the apprehension
5) causation

Question 2

Doctrine of transferred intent

Answer 2

Intent may be transferred when:
1) Defendant intends to commit a tort against one person, but commits it against another
2) Defendant intends to commit one tort against someone and commits a different one
3) Defendant intends to commit one tort against one person and commits a different tort against someone else

Question 3

Plaintiff’s duty to mitigate damages for personal injury following a tort

Answer 3

Plaintiff has a duty to take reasonable steps to mitigate damages. This includes seeking appropriate treatment to effect a cure and prevent aggravation of injury.

Question 4

Elements of tortious battery

Answer 4

1) an act which brings about harmful or offensive contact
2) intent to bring about the harmful or offensive contact
3) causation

Question 5

Tortious Battery: direct vs. indirect contact

Answer 5

Defendant is liable not only for direct contact, but also for indirect contact as long as the defendant “set in motion a force” that brings about contact with the plaintiff.

Question 6

Basic Standard of Care

Answer 6

People have a duty to act as a reasonably prudent person would. I.e. “average guy in the same situation”. This duty is owed to all foreseeable plaintiffs “in the zone of danger.”

Question 7

Elements of Intentional Infliction of Emotional Distress

Answer 7

1) Outrageous and extreme conduct
2) Intent to cause severe emotional distress
3) Causation
4) Damages

Question 8

For the purposes of IIED, what qualifies as “outrageous conduct”?

Answer 8

The conduct must transcend all bounds of decency tolerated by society.

Question 9

Rules of intent for IIED

Answer 9

1) must be intent to cause distress OR
2) reckless disregard of a high probability that distress will result

doctrine of transferred intent does NOT apply

Question 10

IIED: Defendant’s conduct is directed at someone and another claims distress

Answer 10

1) Intent
2) Causation
3) Plaintiff is present at the time of the conduct
4) Distress resulted in bodily harm OR plaintiff was a close relative of 3rd party
5) Defendant knew these facts