Torts Hypo 2

Torts Hypo 2 - Professor Covens Intentional Torts...

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Professor Coven’s Intentional Torts Hypothetical (1 Hour) The following hypothetical was excerpted from Professor Coven’s original. Horace, or Peabrain as he was known to his friends, was admittedly a somewhat odd individual. It was well known in the small town in which he lived that Peabrain developed quite a strong fear of what he called “orange devils.” Ever since he returned from Tennessee, he became quite agitated around people wearing orange shirts. On an otherwise boring afternoon, Larry and his buddy Larry put on bright orange shirts and went looking for Peabrain. When they found him, Peabrain was riding his new Rockbanger 6000 mountain bike over the Charles River Bridge. The Larrys waived large sticks over their heads and yelled “when the moon is full, we turn you orange!” Peabrain lept off his bike and ran away in hysterical fear, bumping into lampposts as he went. As he was running down the street, Peabrain say Daryl, who was wearing an orange shirt, walk into Paul’s Camera Shop. Intending to trap what he assumed was one of the orange devils who had just threatened him, Peabrain ran to the shop, slammed the door with great force, and quickly barricaded the door with several large recycling drums. Unfortunately, at that very moment, Martha, who had been in the store, started to leave. The slamming door hit Martha in the face, immediately knocking her unconscious and abruptly terminating her modeling career. Paul, thinking the store was under attack by international terrorists, drew his duly licensed .44 magnum (the most powerful handgun in the world) and fired several rounds through the door, through parts of Peabrain (who survived) and through several members of a passing band of rock musicians. John, who was standing inside the store next to the door, was struck by several splinters and developed a permanent fear of loud noises as a result of the experience. Identify all of the claims and defenses that might reasonably be asserted by all of the participants in this regrettable drama and explain which claims are likely to prevail and why.
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Professor Coven’s Intentional Torts Hypothetical Thomas Cullen’s Model Answer Assault P will bring suit against L&L for assault and battery. To prove assault, P will show that L&L intentionally caused him to suffer apprehension of an imminent harmful contact. For battery, P will prove that L&L intentionally inflicted an offensive contact on him. P will argue that L&L had the requisite intent to commit assault because they had they purpose or the desire to cause apprehension. Specifically, P will argue that this purpose is evidenced by L&L’s putting on orange shirts on an otherwise boring afternoon and going to look for P, who they knew to have an unusual fear of “orange devils.” Further, P will show that L&L committed an act in furtherance of this intent by waiving large sticks in the air and yelling “when the moon is full, we will turn you orange.” Finally, P will argue that he did indeed suffer apprehension of imminent contact since he
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Torts Hypo 2 - Professor Covens Intentional Torts...

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