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Author Topic: Torts Quiz  (Read 36226 times)

jeffjoe

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Re: Torts Quiz
« Reply #40 on: December 02, 2004, 01:42:25 PM »
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?
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Dicta

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Re: Torts Quiz
« Reply #41 on: December 02, 2004, 02:05:18 PM »
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.
Until you go too far, you will never know how far you can go.
TS Eliot (poorly paraphrased by myself)

jeffjoe

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Re: Torts Quiz
« Reply #42 on: December 02, 2004, 02:08:08 PM »
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?
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Praying for the tsunami victims   +

Dicta

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Re: Torts Quiz
« Reply #43 on: December 02, 2004, 02:12:02 PM »
Nope, you must have knowledge that you are imprisoned.
Going to take a nap and prepare for Con Law.
Keep those questions comin!   8)
Until you go too far, you will never know how far you can go.
TS Eliot (poorly paraphrased by myself)

jeffjoe

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Re: Torts Quiz
« Reply #44 on: December 02, 2004, 02:18:12 PM »
What if you think you are locked up, but are not?
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law543

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Re: Torts Quiz
« Reply #45 on: December 02, 2004, 02:46:30 PM »
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

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Re: Torts Quiz
« Reply #46 on: December 02, 2004, 02:49:29 PM »
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

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Re: Torts Quiz
« Reply #47 on: December 02, 2004, 02:55:12 PM »
what if D made P believe they were locked up?
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law543

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Re: Torts Quiz
« Reply #48 on: December 02, 2004, 03:14:28 PM »
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

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Re: Torts Quiz
« Reply #49 on: December 02, 2004, 03:55:26 PM »
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


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