Harms to the person - Next Generation Bar Exam

1. Under the zone of danger rule, when may a plaintiff recover for negligent infliction of emotional distress?

   When the plaintiff was within the zone of physical danger created by the defendant's negligence. Many jurisdictions also require physical manifestations of the distress.

2. Under Dillon v. Legg and Thing v. La Chusa, when may a bystander recover for negligent infliction of emotional distress?

   When closely related to the victim, present at the scene, and aware of the injury as it occurred. The bystander must suffer serious emotional distress.

3. What are the elements of battery?

   An intentional act causing harmful or offensive contact with the plaintiff's person. Contact with an object closely connected to the person, such as clothing, suffices.

4. What intent is required for battery under the majority view?

   Intent to cause contact, or knowledge that contact is substantially certain. Jurisdictions differ on whether intent to harm or offend is also required.

5. What are the elements of intentional infliction of emotional distress?

   Extreme and outrageous conduct, intentionally or recklessly causing severe emotional distress. Bodily harm is not required.

6. What is transferred intent?

   Intent to commit a tort against one person transfers to an unintended victim or a different intentional tort. It applies among assault, battery, false imprisonment, trespass to land, and trespass to chattels.

7. What is the status of a threat of future harm for assault?

   It is not assault, because the threatened contact must be imminent. A threat to strike 'next week' does not create apprehension of imminent contact.

8. When may a bystander recover for intentional infliction of emotional distress?

   When present, a close relative of the victim, and the defendant knows of the bystander's presence. Non-relatives may recover if they suffer bodily harm from the distress.

9. A defendant throws a rock at A, misses, and hits B. What tort has the defendant committed against B?

   Battery, by transferred intent. The intent to hit A transfers to the actual victim.

10. What are the elements of false imprisonment?

    Intentional confinement within fixed boundaries, of which the plaintiff is aware or by which the plaintiff is harmed. A reasonable means of escape known to the plaintiff defeats the claim.

11. What are the elements of assault?

    An intentional act causing reasonable apprehension of imminent harmful or offensive contact. Words alone are generally insufficient without accompanying conduct.

12. A store manager locks a customer in a back room for an hour, accusing her of theft without reasonable suspicion. What tort is established?

    False imprisonment. The shopkeeper's privilege requires reasonable suspicion and reasonable detention.

13. What is the effect of the plaintiff's lack of awareness of a contact for battery?

    It does not defeat the claim. A kiss on a sleeping person is a battery.

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