Torts Quiz

[jeffjoe]

I think they wanted to discourage this kind of nonsense.   

It was Alabama.  Who knows?


Next torts question:

False imprisonment:

If someone is locked in a room, but doesn't know they are locked in, is it a tort?

[Dicta]

Deterrence is one of the functions of law.
The case is from the 50s-60s???
Who knows how many Alabama used car salesman suffered from this one! 

Another quiz please Jeff.

[jeffjoe]

1968

Deterrence is one of the functions of law.
The case is from the 50s-60s???
Who knows how many Alabama used car salesman suffered from this one! 

Another quiz please Jeff.

Next torts question:

False imprisonment:

If someone is locked in a room, but doesn't know they are locked in, is it a tort?

[Dicta]

Nope, you must have knowledge that you are imprisoned.
Going to take a nap and prepare for Con Law.
Keep those questions comin!   

[jeffjoe]

What if you think you are locked up, but are not?

[law543]

I think they wanted to discourage this kind of nonsense.   

It was Alabama.  Who knows?


Next torts question:

False imprisonment:

If someone is locked in a room, but doesn't know they are locked in, is it a tort?

Nope. They must know they are imprisoned.

Law543 (still scratching head over the conversion...although I suppose in that day, perhaps it was a bigger problem...harder to get keys...maybe for that case they *couldn't* get a key. I actually found your short answer "who knows" funny, becuase I was all anxious for a big, eye-opening, revelating explanation )

[law543]

What if you think you are locked up, but are not?

Nope. No intent by D. No violation of consent. No violation of privilege.

[jeffjoe]

what if D made P believe they were locked up?

[law543]

what if D made P believe they were locked up?

Taking a guess...yes. Making plaintiff believe he/she is confined satisfies intent, if a reasonable person in plaintiff's shoes would have believed...plaintiff knew (or believed), satisfies knowledge.

If plaintiff believed it without the defendant making him/her believe...then no. Reasonable person standard would prevail, though.

Law543

[jeffjoe]

Right.  If a reasonable person would have believed they were locked up, it's a tort.

what if D made P believe they were locked up?

Taking a guess...yes. Making plaintiff believe he/she is confined satisfies intent, if a reasonable person in plaintiff's shoes would have believed...plaintiff knew (or believed), satisfies knowledge.

If plaintiff believed it without the defendant making him/her believe...then no. Reasonable person standard would prevail, though.

Law543