IIED (Intentional infliction of emotional distress)
Extreme and outrageous behavior which intentionally recklessly causes severe emotional
distress to another.
IIED designed to protect against what?
Alternatives to brining claims based on out
Intentional Infliction of Emotional Distress
Paralyzed man forced to listen to loop of Its A Small
World when Disneyland ride breaks awarded $8K
If there's a Hell surely it must resemble this. A paralyzed man forced to listen
to the "It's A Small Wor
The Good Samaritan: Luke 10:25 On one occasion an expert in the law stood up to test Jesus. Teacher, he asked, what
must I do to inherit eternal life?. What is written in the Law? he replied. How do you
read it? asked Jesus. The man answered: Love the
Syllabus, Course Objectives
INTRO to U.S. Torts (UIL) Spring 2015
Prof. Charlene Park
Spring Semester 2015
Phone: x3825 (home), 010-4032-7825
Class Hours & Location: Mondays & Thursdays 10:00 am-11:15
If men have a quarrel and one strikes the other
with a stone or with his fist, and he does not die but
remains in bed,if he gets up and walks around
outside on his staff, then he who struck him shall
go unpunished; he shall
Romeo & Juliet are teenagers in love and were playing TAG
in the park. Juliet was IT and within a few minutes
caught Romeo. Rather than lightly tapping him, however,
she hit him in the jaw with her fist, breaking one of his
HE HAS RISEN
TRESPASS TO Chattels & CONVERSION
and Jacob were hostile neighbors. One afternoon
Esau decided to picnic in a nearby forest. Following a
path through the forest, he lost his way and walked
through Jacobs land. Hungry,
me introduce myself
WHAT IS A TORT?
Difference b/w Criminal &
can be both a crime and a tort
committing a tort does not
render the perp subject to criminal
You shall remember the Lord your God for it
is He who gives you the power to get wealth,
that he may confirm his covenant that he
swore to your fathers as it is to this day.
Harris v. Jones
Pamela agreed to undergo surgery p
Clarifying the difference between
Criminal Actions & Civil Actions
does society address the TORT with
monetary remuneration and not
LAW FIRM EXERCISES
Romeo & Juliet are teenagers in love and
Asiana Airlines to sue TV station over fake
UW-Whitewater professor sues former
student over online comments
Sticks & Stones
Sam is a child molester
Sally (a lawyer) steals money from her clients
Jane is a prostitute
Bill is HIV pos
Elements of Assault
Elements of Assault
she is about to be touched
a harmful or offensive manner
harmful or offensive manner
The whole business of Christianity contradicts sense. We give up the visible for invisible rewards
Juliet is liable for the damages done to Romeo.
Elements of Assault
1. Apprehension -anxiety or fear that something bad or unpleasant will happen.
2. Imminent -about to happen.
3. Harmful or offensive manner
Apprehending - Based on Ds conduct. Words alone not enough unless together with phys
Mcdonalds ( hot coffee case) .
Negligence- Is a breach of duty.
Standard of Law for protection of others protection against unreasonable risk of harm
Action that falls below
Elements of Negligence
a. Members in the zon
Transferred intent (or transferred malice in English law) is a legal doctrine
when the intention to harm one individual inadvertently causes a second person to be
hurt instead, the perpetrator is still held responsible.
Esau and Jacob.
Tress pass to chattel.
Intentionally exercising physical dominion over personal property owned by P such that P is deprived of
use of Chattel.
D will be liable for the replacement of the chattel
No Harm element
intentionally confine another against his
Those who have or claim to have authority to
Those who do not have pretense of authority to
Magneto stole a TV set from Professor Xs home (he
needed to watch the World Cup final). He took the set
to a local market where he sold it to Wolverine for $50.
Wolverine tool it home, confident the set was lawfully
his. In carrying the set
& Privacy Torts
Public & Private Plaintiffs
Public Figures: Requires proof of ACTUAL MALICE in
Knowledge the statement(s) made were false orreckless disregard for the truth
Philadelphia Newspapers, Inc. v.
3.9 U.S Torts Battery
a) Isnt this event more obviously criminal?
b) Why do we have both Criminal and Civil Battery?
3.5 US Torts
Worldliness is whatever makes sin look normal and righteousness look strange.
What does Tort mean? Wrong
a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability.
11.16 Special Topic
Needs to be reworded a little bit. There will be misunderstandings. Military will have to start arresting
There is a zone of exclusivity. Its almost like US has a small part of land in Korea. Anthrax Case : Need
consent , in
9.10 Special Topic
Article 3 Facilities and Areas security measures
Employing Korean nationals is a win win situation.
a) US agrees not to take the measures referred to in paragraph 1 in such a manner as to interfere
unnecessarily with navigation, avia
10.26 Special Topic
Pg 38 Agreed Minutes
With regard to subparagraph (b), it is recognized that persons possessing
certain skills, not available from United States or Korean sources, who are
nationals of third states, may be brought into the Rep
ARTICLE X Access of Vessels and Aircraft.
1. United States and foreign vessels and aircraft operated by, for, or
under the control of the United States for official purposes shall be
accorded access to any port or airport of the Republic of Korea free fro
10.5 Special Topic
Article 17 LABOR
B) Shall have the right of further collective action in the event a labor dispute is not resolved by the
foregoing procedures except in cases where the joint committee determines such action seriously
hampers military o
10.12 Special Topic
5.c) In respect of offenses solely against the security of the ROK provided in paragraph c2, an accused
shall be in the custody of the authorities of the ROK.
6. a) US and ROK shall assist each other in investigation into offenses. The
3.12 Torts Assault, Battery False Imprisonment
Clarifying the difference between Criminal Actions and Civil Actions
1) Why does society address the TORT with monetary remuneration and not punishment?
What is the real difference between these tw
10.29 Special Topic
1) The quantity of goods imported under paragraph 2 by non appropriated fund organizations of
the USAF, shall be limited to the extent reasonably required for such use.
2) Paragraph3(a) does not require concurrent shipment o
Re Paramph 2
The Republic of Korea, recognizing the effectiveness in appropriate cases
of the administrative and disciplinary sanctions which may be, imposed by
the United States authorities over members of the United States armed
forces or civilian compo
1. In this Article the expression:
(a) employer" refers to the United States armed forces (including
nonappropriated fund organizations and the persons referred to in the rst
paragraph of Article XV;
(b) "employee" refers to any civilian [other than
11.19 Special Topic
Does it make sense that there could be a waiver of this?
What is substantial departure? Is there a clear definition? It requires clear facts, it is fact dependent.
A) This is about who has jurisdiction. If US What is due consideration?