Intentional Torts
Daniel intends to punch Chris in the face during an argument. Chris ducks, and Daniel accidentally hits a bystander, Sam, instead. Sam suffers a broken nose.
Megan sees a “No Trespassing” sign posted on a fenced property. She climbs over the fence to retrieve a soccer ball, even though the gate is unlocked nearby. When the property owner confronts her, Megan claims she did not realize she was trespassing because she was only trying to get her ball. What are the two types of intent in these scenarios?
What is transferred intent and inferred intent?
Ben is upset with his coworker, Jake, and tells Jake, “I stole money from the company.” Ben is lying, but no one else hears the statement. Ben later claims that Jake defamed him. Can Ben successfully sue Jake for defamation? Why or why not?
What is No. Defamation requires a false statement of fact to be communicated to a third party. Since Ben made the statement about himself and no third party heard it, the publication element is not satisfied. A person cannot defame themselves.
A company's employees illegally dump hazardous waste into a river. The operations manager did not direct or participate in the dumping, benefit from it, or know it was happening. However, the manager was responsible for overseeing the facility. Can the manager be held criminally liable despite not directly participating in or knowing about the illegal activity? What legal concept does this illustrate?
What is Criminal culpability and he can be held liable?
Indiana has a state statute requiring drivers to stop at red lights. Sarah is driving through an intersection and looks down at her phone instead of watching the road. She runs a red light and hits Michael, who is legally crossing the street in the crosswalk. Michael suffers a broken leg and incurs $8,000 in medical expenses.
what is duty of care?
A consumer is injured by a defective product and sues the manufacturer under strict product liability. What must the consumer prove to establish strict liability?
A customer is injured when a manufacturer's properly produced pressure cooker unexpectedly explodes due to a defective design. The manufacturer took reasonable precautions and did not intend to harm anyone. What type of tort liability could apply?
What is strict liability?
Sarah sues John for defamation after he tells several coworkers that she was fired from her previous job for stealing. John provides evidence proving that his statement was true. What defense can John use against the defamation claim?
What is truth?
A business owner falsely tells potential buyers that a competing company does not legally own the property it is trying to sell, causing buyers to back out of the purchase. Is this slander of title or slander of quality?
what is slander of title?
A 28-year-old woman, Emily, swerves to avoid a pedestrian and crashes into a parked car. During the trial, the judge instructs the jury to consider what a reasonable woman of Emily’s age would have done. Is the reasonable person standard applied correctly? Why or why not?
What is the judge improperly adjusted the objective standard based on Emily’s age and gender
A consumer is injured while using a power saw after intentionally removing its safety guard, despite clear warnings from the manufacturer. What defense could the manufacturer use against a product liability claim?
what is product misuse?
A supervisor repeatedly threatens and publicly humiliates an employee in an extreme and outrageous manner, intentionally causing the employee severe emotional distress. What is the tort?
What is intentional infliction of emotional distress?
During a meeting, Sarah falsely tells her coworkers that John has been stealing money from the company. Even though John cannot prove that he suffered financial losses, he may still be able to recover damages. What type of defamation is this?
What is slander per se?
A car salesman knowingly tells a customer that a used car has never been in an accident, even though it suffered major damage in a previous crash. The customer relies on this statement and purchases the car, later discovering the truth. What intentional tort has the salesman committed?
what is fraudulent misrepresentation?
Jake runs a red light and hits Emma’s car, breaking her arm. While Emma is being transported to the hospital, the ambulance is struck by a tree that falls during an unexpected tornado, causing additional injuries to Emma. Which of Emma’s injuries is most likely to satisfy actual cause but fail to satisfy proximate cause in relation to Jake running the red light?
What is Jake’s actions are the actual cause of the initial collision and Emma’s broken arm. The additional injuries caused by the unexpected tornado may be too unforeseeable to satisfy proximate cause.
A consumer purchases a product with a known safety risk. Despite being fully aware of the danger, the consumer voluntarily decides to use the product and is injured. What defense could the manufacturer use in a product liability lawsuit?
what is assumption of risk?
What is the purpose of intentional tort law and what are the three kinds of injury?
To compensate an injured party for their injuries (physical, emotional, financial)
A famous actor sues a newspaper for defamation after it publishes a false story about him. Because he is a public figure, what additional legal standard must he prove to win his case?
what is actual malice?
A company knows that an employee has a valid employment contract with a competitor. The company intentionally convinces the employee to break that contract and join its business instead, causing financial harm to the competitor. What intentional tort has the company committed?
What is tortious interference with a contractual relationship?
A patient wakes up after surgery and discovers that a surgical sponge was left inside their abdomen. The patient cannot identify exactly how the sponge was left inside, but this type of incident ordinarily would not occur if proper care were used. Which legal doctrine allows a court to infer negligence from the circumstances, even when the patient cannot identify the specific negligent act?
What is Res ipsa loquitur
A professional chef burns their hand on a hot stove while cooking. The chef sues the manufacturer for failing to warn that the stove could cause burns. What two defenses could the manufacturer potentially use?
What is knowledgeable user and commonly known danger
During an argument, Mia grabs a book out of Sarah’s hands and rips it in half to upset her. Mia never touches Sarah’s body. Could Mia be liable for battery? Why or why not?
What is yes under the extended person rule, touching an object closely connected to someone, such as a book they are holding, may count as contact with that person for purposes of battery.
A newspaper publishes a photo of Sarah next to an article about people involved in illegal drug activity, even though Sarah has no connection to the crime. The placement of her photo creates a misleading impression about her. What tort could Sarah sue for?
what is false light
A company intentionally interferes with a competitor's potential business deal, but the competitor cannot prove that it suffered any financial loss. What key element of tortious interference with a business relationship is missing?
what is damages
Tyler is angry at a driver who cuts him off, so he intentionally accelerates and rear-ends the driver's car to scare them. The driver is startled but is not physically injured, and neither vehicle sustains any damage. Apply the scenario to all 4 elements. Is Tyler negligent? Why or why not?
What is the driver is not negligent because damages are missing - the driver suffered no physical injury or property damage.
A manufacturer conducts extensive safety testing, follows all industry standards, and inspects every product before distribution. Despite these precautions, a product contains a manufacturing defect that injures a consumer. The manufacturer argues that it exercised the highest possible level of care. Under what legal doctrine could the manufacturer still be held liable?
what is strict product liability?