Torts Practice Exam 9/17/03

 

Mike Shecket

Torts I

Practice Examination

Fall 2003

 

Part 1

 

I believe that you may have grounds to sue Anne for battery, false imprisonment, and possibly intentional infliction of mental distress.

 

When Anne tripped you and caused you to hit your head, she was committing the tort of battery.This means that she touched you with the intent to cause harmful contact and, in fact, succeeded in doing so.Please note that I do not believe you will have a case for assault because the alley was dim and Anne tripped you; thus, she did not create the apprehension (or fear) of contact.In other words, unfortunately, you didnít know what hit you.

 

I want to find out from you if you were conscious at any time during your ordeal in the sewer opening.If you were, then I believe you will be able to sue Anne for the tort of false imprisonment.Anne acted purposely to confine you to a bounded area, in this case the sewer opening, without your consent.I would note, however, that you will not be able to collect damages for false imprisonment if you were unconscious for the entire length of your ordeal.

 

Finally, I think you have a possible cause of action for intentional infliction of mental distress.Anne behaved recklessly when she left you in the sewer opening in the alley for two days, including a full day after she called down to you and thus became aware you were not okay.Her extreme and outrageous conduct led directly to a number of your injuries, which produced actual and quantifiable damages.All I will need to proceed is your testimony as to the emotional effects of these very real injuries.

 

When Dr. Dave treated you, he was committing the tort of battery against you.We have evidence that he knew you are a Christian Scientist, and thus he was well aware his conduct would cause you grave offense.

 

Part 2

 

We must keep in mind that Anne will raise several defenses at trial.

 

Anne will claim the privilege of defense of others.She will claim that she tripped you in order to defend Bob from an imminent battery in the good faith belief that you were the aggressor.

 

Anne will further claim the privilege of self-defense.She will testify that she pushed you into the sewer opening because she was afraid you would get up and hit her.However, we will argue that once you were no longer a threat to her she had no right to continue to imprison you.

 

Dr. Dave at trial may raise the privilege of consent.In particular, Dr. Dave will bring up the doctrine of implied consent, which suggests that if you are unable to give express consent due to being unconscious, Dr. Dave may assume that you would ask for that which a reasonable person would want.However, this defense should not hold because he had adequate notice from your bracelets that you in fact did not want to be treated by him.

 

Part 3

 

I am pleased to report that I am confident you will be able to recover for false imprisonment and intentional infliction of mental distress from Anne and battery from Dr. Dave.I believe that Anne will prevail with her defense of others privilege argument, and thus you will not be able to recover for battery against her.

 

 

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