Sam hated Puck and wanted to hurt him. She found directions on the internet to make a letter bomb and mailed it, but she didn't think it would actually explode. But it did and exploded in Puck's hands, killing him. Does Same have the requisite intent for battery? A. Yes, because Sam's purpose is sufficient to establish intent. B. No, because Sam only wanted to injure, not kill Puck. C. No, because Sam lacked sub. cert. that harmful contact would result. D. Yes, because even though Sam doubted that the letter bomb would work, but she still acted with knowledge to substantial certainty. - ✔✔A. Wanting to cause Josh emotional distress, Sam attacks Josh's wife Jill in the parking lot of the building where Jill works. Josh is present in the parking lot when Sam beats up Jill. Can Josh establish the elements of Indirect IIED? A. Yes B. No - ✔✔A. Yes, because he was present, he was family and Sam's intent was to cause Josh emotional damage. Wanting to cause Josh emotional distress, Sam attacks Josh's wife Jill in the parking lot of the building where Jill works. Josh is present in the parking lot, but HIDING by a car while Sam beats up Jill. Sam doesn't see him. Can Josh establish elements of Indirect IIED? A. Yes B. No - ✔✔A. Yes, present, family, and Sam's purpose is still to cause Josh ED. Sam is beating up Jill in the parking lot. Sam doesn't know Jill is married. Sam sees a man in the gathering crowd visibly anguished. The man watching is Josh, Jill's husband. Can Josh establish the elements of Indirect IIED? A. Yes B. No - ✔✔A. Yes, present, family member, knowledge to sub. cert. Sam is beating up Jill in the parking lot. Sam doesn't know Jill is married. Jill's husband Josh is present, but HIDING by a car and Sam does not see him. Can Josh establish the elements of Indirect IIED? A. Yes B. No - ✔✔B. No, because no intent to cause emotional damage to Josh because Sam didn't know she was married and did not know he was there. Sam is beating up Jill in the parking lot. Sam doesn't know Jill is married. Sam sees a man in the gathering crowd visibly anguished. The man watching is Prof Clowney. Can Clowney establish the elements of Indirect IIED? A. Yes B. No - ✔✔B. No, because although he is present and Sam acted with knowledge to sub. cert., but no physical manifestation. Bob and Sam had too much to drink at the bar. Bob had to carry Sam home. Bob arrived at (what he thought was) Sam's house and threw Sam onto the front lawn (actually belonging to Jim). Who should Jim sue for trespass? A. Sam B. Bob C. Both Sam and Bob D. Jim doesn't have a claim for trespass. - ✔✔B. Bob Don looked in his bag and realized he didn't have his laptop. He went back to the classroom, saw a laptop near his seat, grabbed it, and put it in his backpack. Hours later, he opened the laptop and immediately realized it wasn't his due to a sticker on it. Don brought the laptop to to the Dean's office. Paul visited the Dean's office later to inquire about her missing laptop, and the Dean's office was able to return the laptop to Paul before he left for the day. Paul wants to explore her tort law options against Donald. The options are as such: A. Paul lacks a trespass to chattel claim against Don if Don's mistaken belief that the laptop was his was reasonable. B. Paul lacks a trespass to chattel claim against Don if her laptop was in no way damaged. C. Paul would have a successful trespass to chattel claim against Don only if her four-ish hour deprivation of her laptop was substantial. D. Pauline likely has a trespass to chattel claim against Don, but likely limited to nominal damages. - ✔✔B. Hannah got a new bow and arrow play-set (with suction cups for arrows) for her birthday. She practiced nonstop with the set for a week and had become extremely accurate within 10 feet of her target. Shortly after, Gretchen was annoying her. Gretchen was hogging the new LEGO set. Hannah ran to the other room, got her bow, and aimed directly at Gretchen's lower back from about 5 ft. away. Hannah shot the arrow and hit Gretchen in the back of her neck, severely injuring Gretchen. Which of the following statements regarding Gretchen's potential claim against Hannah is correct? A. Gretchen doesn't have a battery claim against Hannah if Hannah did not intend to injure Gretchen. B. Gretchen can likely establish that Hannah acted both with purpose to make contact to Gretchen and knew to sub. cert. that she would make contact with Gretchen. C. Gretchen cannot establish that Hannah committed battery because Gretchen did not see Hannah aiming the bow and arrow at her. D. Gretchen cannot establish Hannah committed battery because Hannah acted for the purpose of making contact with Gretchen's back, but instead made contact with her neck. - ✔✔B. Ray had friends over at her house after school on a hot Sept. day. The friends were filling up water balloons, but one friend--Ella-- was over at the side of the backyard reading a book. The water balloon fight started and Ella did not participate (assume no consent). Ella looked up from her book to see that Ray was about to start a throwing motion in Ella's direction. Ray threw the water balloon in the same direction. Ella wasn't worried about getting hurt by the water balloon, but she did think that the water ballon was going to hit her. The water balloon landed just to the left of Ella and did not pop. Which of the following statements regarding Ella's possible claim against Ray is correct? A. Ella cannot establish an assault claim because she wasn't afraid of getting hurt by the water balloon hitting her. B. Ella cannot establish an assault claim because the water balloon didn't hit her. C. Ella cannot establish an assault claim because no reasonable person would have been offended by being hit with a water balloon. D. All of the answers are inaccurate. - ✔✔D. Siobhan, hating Puckaluck and wishing to injure him, had no reason to have confidence in her bombbuilding skills. She had flunked high school chemistry. Nevertheless, she found on the Internet a set of directions for making a crude explosive device, and followed them as best as she could to create a letter bomb. She mailed Puckaluck this letter bomb, laughing at herself for attempting such a futile experiment. Against all odds, the letter bomb exploded in Puckaluck's hands, killing him. Assume Puckaluck can establish the act, contact, causation, and injury elements of battery. Can Siobhan be liable to Puckaluck's estate for battery? A) Yes, because Siobhan's purpose is sufficient to establish intent. B) No, because Siobhan only wanted to injure, not kill Puckaluck. C) No, because Siobhan lacked substantial certainty that harmful contact would result. D) Yes, because even though Siobhan doubted that the letter bomb would work, she still acted with knowledge to substantial certainty. - ✔✔ Donald was eating his lunch at the law school. He looked in his bag and realized he didn't have his laptop. Thinking he had left it in his torts class, Donald went back to that classroom. He saw a mac laptop on one of the row of desks near his seat and grabbed it. Donald put the laptop in his backpack and didn't think about it again until he was about to leave school. He opened the laptop to make sure he had downloaded the supplemental readings he needed for property that day. As soon as he opened the laptop, Donald realized that the laptop wasn't his because of a Star Wars sticker under the keyboard. Donald immediately brought the laptop to the Dean's office. Another student, Pauline, had already visited the Dean's office to inquire about her missing laptop, and the Dean's office was able to return the laptop to Pauline before she left for the day. With her newfound legal knowledge, Pauline wants to explore her tort law options against Donald. Her options are as such: