Eastern Oregon University Week 3 Intentional Tort Business Law QuestionsSchool
I.Mr. Stevens is fed up with his nosey neighbor Mrs. Crabtree.Mr. Stevens telephones Mrs. Crabtree’s sister, Carol, and tells her that he believes that Mrs. Crabtree was convicted of prostitution when she was younger and that she still earns extra money working for an escort service.The statement is false and Mrs. Crabtree is so shocked when she hears about the phone call, she faints, falls and hits her head on a table.
1.What intentional tort would Mrs. Crabtree most likely be able to successfully sue Mr. Stevens for? Explain why that intentional tort is most likely to be asserted.
II. Bill and Ted are best friends and are always playing practical jokes on each other.One day, Bill purchases a nerf knife and pair of nylons.As Ted is leaving work with his boss, Patsy, Bill jumps out with the nylons over his head pointing the knife and yells, “Your money or your wife”.Ted realizes it is Bill but decides to play along.Ted grabs Patsy by the arm and says “Take my wife, please”.At this point, Patsy faints.Bill and Ted have a good laugh, and then Bill decides to take and keep Patsy’s purse to make her think it was a real robbery.Patsy sues Bill for assault, battery and conversion.
2. Applying the elements of the tort of assault, will Patsy prevail in her suit for assault? Explain your answer.
3. Applying the elements of the tort of battery, will Patsy prevail in her suit for battery? Explain your answer
4. Applying the elements of the tort of conversion, will Patsy prevail in her suit for conversion? Explain your answer.
II.April owns a 1969 VW van which has frequently been popping out of gear.April plans to have the van repaired the next time she gets paid.While late for work one day, she parks the van on a steep hill and forgets to put on the parking brake.Later the van pops out of gear and rolls down the hill into an power pole.The pole falls and sparks from the broken electrical line ignite a grass fire.The fire spreads a short distance to a shed that Robert uses to store fireworks.The fireworks shed explodes and a piece of the roof strike and injure a passing motorist, John.John sues April for negligence and requests $25,000 in damages.
5. List and apply each of the four element of a suit for negligence to the facts to determine if John can recover from April.
6. Are there any defenses that April could assert which might relieve her of liability for John’s injury? Explain your answer.
7.Under what tort might John sue Robert, the owner of the fireworks shed? Explain your answer.
III.Late one Halloween night, Daphne, dressed up as the tooth fairy on acid, decides to take a shortcut through Mrs. White’s large, unfenced backyard, and she falls into an open grave that Mrs. White had dug for her dog that diedearlier in the day. Daphne breaks her leg as she falls and is unable to crawl out of the grave. Later in the evening, Jason is also taking a shortcut through Mrs. White’s yard, and when Daphne hears him, she raises herself out of the grave and screams for help. Jason fears for his safety, screams and wets his pants.
8. Daphne sues Mrs. White claiming that Mrs. White negligently maintained the property. Will Daphne prevail in her negligence suit? Explain your answer.
9. Jason sues Daphne claiming that she caused him to fear for his safety.Will Jason prevail in his suit for the tort of assault?Explain your answer.
10. Mrs. White sues Jason for crossing onto her property without her permission. Will Mrs. White prevail in her suit for the tort of trespass?Explain your answer.
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