Torts & Personal Injury Flashcards

Dan swings a bat intending to hit Al, misses, and strikes Carla, whom he did not see. Carla sues Dan. What is the most likely result?

Answer: Dan is liable for battery under the doctrine of transferred intent

Transferred intent applies when a defendant intends a tort against one person and instead causes it to another.

Over the phone, Ed tells Fay, "Next week I'll come to your house and beat you up." Fay is terrified. Does Fay have a claim for assault?

Answer: No, because the threatened contact was not imminent

Assault requires reasonable apprehension of imminent harmful or offensive contact, and threats of future harm do not qualify.

A store detains a suspected shoplifter for 20 minutes in a back office, questions her politely, and releases her when no merchandise is found. The store had reasonable grounds for suspicion. In her false imprisonment suit, the store will most likely:

Answer: Prevail under the shopkeeper's privilege

The shopkeeper's privilege allows a reasonable detention, in a reasonable manner and for a reasonable time, based on reasonable suspicion, even if the suspect is innocent.

Which element must a plaintiff prove to recover for intentional infliction of emotional distress?

Answer: Extreme and outrageous conduct causing severe emotional distress

IIED requires intentional or reckless extreme and outrageous conduct that causes severe emotional distress; physical injury is not required.

Gail builds a fence one foot onto Hal's land, reasonably and honestly believing the land is hers based on an old survey. Hal sues for trespass to land. What is the best outcome?

Answer: Gail is liable because she intended to enter that land, and mistake is no defense

Trespass to land requires only intent to enter the land, so a good-faith mistake about ownership is not a defense, and damages are presumed.

Ivan borrows a neighbor's car for an hour without permission, drives it across state lines, and wrecks it. Which tort best fits, and what is the usual remedy?

Answer: Conversion; the full market value of the car

Serious interference with a chattel is conversion, which is treated as a forced sale for the item's full market value.

A patient consents to surgery on her left knee. During the operation, the surgeon finds a problem in the right knee and repairs it, with good results and no emergency. The patient sues. What is the likely result?

Answer: The surgeon is liable for battery because he exceeded the scope of consent

Exceeding the scope of consent without an emergency is battery, whatever the medical result.