Law School Discussion

Torts Quiz

jeffjoe

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Re: Torts Quiz
« Reply #40 on: December 02, 2004, 11:42:25 AM »
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

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Re: Torts Quiz
« Reply #41 on: December 02, 2004, 12:05:18 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.

jeffjoe

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Re: Torts Quiz
« Reply #42 on: December 02, 2004, 12:08:08 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?

Dicta

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Re: Torts Quiz
« Reply #43 on: December 02, 2004, 12:12:02 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)

jeffjoe

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

Re: Torts Quiz
« Reply #45 on: December 02, 2004, 12:46:30 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 :) )

Re: Torts Quiz
« Reply #46 on: December 02, 2004, 12:49:29 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, 12:55:12 PM »
what if D made P believe they were locked up?

Re: Torts Quiz
« Reply #48 on: December 02, 2004, 01:14:28 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, 01:55:26 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