Identifying a Tort

Identifying a Tort

PURPOSE: To verify that you understand how to apply the elements of a tort to a situation to determine whether or not the tort exists.

INSTRUCTIONS:

1. Choose one of the following hypothetical situations:
   1. The plaintiff is particularly susceptible to loud noises. Defendant knows this and sets a firecracker off in Plaintiff’s chair at work.
   2. The plaintiff is particularly susceptible to loud noises. Defendant sets a firecracker off during a 4th of July celebration.
2. Explain in 4-6 paragraphs how the elements of intentional infliction of emotional distress would apply (or not).