Causing severe emotional distress 4 Causing physical harm Bystander Rule

Causing severe emotional distress 4 causing physical

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Causing severe emotional distress; 4) Causing physical harm. Bystander Rule: Bystander = Close Family Member o A bystander can recover if – 1) The bystander is a close family member of the plaintiff; 2) The bystander was present; and 3) The bystander suffered emotional distress. Special Rules: Corpse : If someone is negligent in the handling the corpse of a dead body and causes one severe emotional distress; no physical harm is required False Diagnosis : Providing a false diagnosis of a terminal disease creates a foreseeable risk of physical injury solely from the severe emotional distress caused False Imprisonment Elements: 1) Intentional act; 2) Placing the plaintiff; 3) In a confined, bounded area; 4) With no means of escape; 5) The plaintiff is aware/has knowledge of the confinement. Shopkeeper Privilege: A shopkeeper (i.e., shop/business) can detain a person if – 1) The shopkeeper has a reasonable belief that a theft has occurred; 2) The shopkeeper detained the suspected shoplifter in a reasonable manner; and 3) The shopkeeper detained the suspected shoplifter for a reasonable amount of time. 2 MBE: Torts – Intentional Torts (COA)
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  • Fall '17
  • Rensberger
  • Tort Law, Intentional infliction of emotional distress, close family member, Bystander Rule

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