_Exam Two Review Part One.docx - TORTS AND PRODUCT...

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TORTS AND PRODUCT LIABILITY I. Intentional Torts Against Persons and Business Relationships a. Assault: Any word or action intended to make another person fearful of immediate physical harm—a reasonably believable threat. b. Battery: Physical contact (apprehension is completed and results in harm) with another that is unexcused, harmful or offensive, and intentionally performed. - Example : Ivan threatens Jean with a gun and then shoots her. The pointing of the gun at Jean is an assault. The firing of the gun (if the bullet hits Jean) is a battery. c. False Imprisonment: the intentional confinement or restraint of another person’s activities without justification. False imprisonment interferes with the freedom to move without restraint. The confinement can be accomplished through the use of physical barriers, physical restraint, or threats of physical force. - Businesspersons may face suits for false imprisonment after they have attempted to confine a suspected shoplifter for questioning. - Under the “privilege to detain” granted to merchants in most states, a merchant can use reasonable force to detain or delay a person suspected of shoplifting the merchant’s property. - Although the details of the privilege vary from state to state, generally laws require that any detention be conducted in a reasonable manner and for only a reasonable length of time. Undue force or unreasonable detention can lead to liability for the business. - Example : Police arrested Adetokunbo Shoyoye for an unpaid subway ticket and for a theft that had been committed by someone who had stolen his identity. A court ordered that he be released, but a county employee mistakenly confused Shoyoye’s paperwork with that of another person, who was scheduled to be sent to state prison. As a result, instead of being released, Shoyoye was held in county jail for more than two weeks. Shoyoye later sued the county for false imprisonment and won.3 d. Intentional Infliction of Emotional Distress: Extreme and outrageous conduct resulting in severe emotional distress to another. To be actionable (capable of serving as the ground for a lawsuit), the conduct must be so extreme and outrageous that it exceeds the bounds of decency accepted by society. - Outrageous Conduct: Courts in most jurisdictions are wary of emotional distress claims and confine them to truly outrageous behavior. Generally, repeated annoyances (such as those experienced by a person who is being stalked), coupled with threats, are sufficient to support a claim. Acts that cause indignity or annoyance alone usually are not enough. - Example : A father attacks a man who has had consensual sexual relations with the father’s nineteen-year-old daughter. The father handcuffs the man to a steel pole and threatens to kill him unless he leaves town immediately. The father’s
conduct may be sufficiently extreme and outrageous to be actionable as an intentional infliction of emotional distress.

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