Name:_____________________________

 

 

Grade:                  /20

 

 

TORT HYPOTHETICALS

 

List of torts

Assault

Battery

Strict Liability

False Imprisonment

Intentional Infliction of Emotional Distress

 

INSTRUCTIONS: Determine the following in each hypothetical:

(a)  Whether a tort has been committed.

(b)  If yes, which category does the tort fall into?

 

You may use the same tort more than once.

 

 

 

1.        As a joke, Annette removes the bullets from her father’s revolver; takes the gun outside, and points it at the head of her neighbor, Mrs. Joiner, who is just leaving her hose. Mrs. Joiner, who unknown to Annette suffers from serious heart disease has a stroke and dies instantly.

 

(a)

 

(b)

 

 

 

2.        Kathleen, 17, is in a record store.  As she passes a rack of compact discs, she quickly slips one under her jacket.  Thinking that no one has noticed, she turns to leave the store.  The store manager, however was watching her on a closed-circuit television. As soon as she passes the cash register, he stops her, before she leaves the store.  The manager calls the police and keeps Kathleen in his office until they come.

 

(a)

 

(b)

 

 

 

3.        The defendant’s  dog  known to have a propensity to bite,  bit  the plaintiff  after  the defendant’s servant mischievously let the dog loose.  

 

(a)

 

(b)

 

 

4.        Baxter purchased an automobile from Ford that they claimed was equipped with a windshield that was shatterproof.   Baxter was later injured when the windshield shattered.

 

(a)

 

(b)

 

 

5.        Mary Murray sued Wal-Mart, claiming she was unreasonably detained by the store’s employees  who  suspected  her  of  shoplifting.    The  plaintiff  claims  profane  and  racially derogatory  comments  were  directed  to  her  by  the  manager  in  front  of  her  daughter, grandchildren, and the general public.  As a result of this humiliation, she acquired a nervous condition.  

 

(a)

 

(b)

 

 

6.        Seth and Ferman argue over who should have bon a basketball game.  Ferman insults Set’s favorite team, the Buckets.   He calls its players lazy, worthless, and lucky.   Seth is outraged.  He has been a Bucket fan for years.  Losing all control, Seth punches Ferman in the month. Ferman suffers two broken teeth, three chipped teeth, and a badly cut lip that requires 10 stitches.  His dental bills total $2,000 and he misses five days of work as a result of his injury. He also requires pain medication for a week and is extremely uncomfortable. Seth needs 4 stitches in his hand.

 

(a)

 

(b)

 

 

7.      Sandy, 17, throws a snowball at a friend on a crowded street corner.   The snowball missed the friend but hits an elderly man who falls to the ground and is injured.

 

(a)

 

(b)