Name That Tort

NAME THAT TORT Indiana Jones and the Raiders of the Lost Ark Assume the cave and golden idol belong to the Hovitos. 1. When Jones enters the Hovitos’ cave with the intent to take their golden idol, he commits the tort of __________________. 2. When Jones removes the Hovitos’ idol and replaces it with the bag of sand, he commits the tort of ____________________. 3. Sapito tells Jones to “throw me the idol; I give you the whip,” Jones complies, and Sapito runs off with idol and the whip leaving Jones stranded. Sapito has committed the tort of _________________________. What are its elements: a. ___________________ b. ___________________ c. ___________________ d. ___________________ e. ___________________ 4. The Hovitos use deadly force in the form of booby traps to protect the idol, killing Sapito. Although it appears as though Sapito did not see it coming, the Hovitos did commit the tort of a. battery. b. assault. c. all of the above. Assume the cave and idol do not belong to the Hovitos. 5. After Jones leaves the cave, the Hovitos use bows and arrows, spears, and blow guns to restrain Jones, committing the tort of ____________________. 6. Apparently, Belloq has made false statements to the Hovitos (who are illiterate) regarding Jones, injuring Jones’ reputation and committing the tort of ___________________. In order to recover for this tort, Jones must prove ____________________ damages because Belloq’s spoken statements have a temporary quality. 7. As the Hovitos are bowing before the idol, Jones escapes. The Hovitos pursue him, shooting arrows and darts at him. Although the Hovitos do not physically injure Jones, the Hovitos have committed the tort of ___________________. 8. If Jones suffers intense mental pain and anxiety as a result of the Hovitos extreme and outrageous conduct (shooting arrows and darts at Jones), the Hovitos also may have committed the tort of ____________________. 1 9. Jones orders Jock to “start the plane,” but is injured as he swings on a vine, swims to the plane and climbs on board as it is moving. In a lawsuit alleging Jock breached his duty of due care to Jones by beginning to take off before Jones was safely on board, Jock asserts as a defense that Jones ____________________ the ____________________ of injury by putting himself in a risky situation and knowing the risks involved. Jock might also assert that by ordering Jock to start the plane, swinging on a vine, and climbing on board the plane as it is moving, Jones failed to exercise a reasonable degree of care in looking out for himself and so he has committed _____________________ or _____________________ negligence. 10. As Jock and Jones fly off into the sunset on Jock’s plane, Jock’s pet boa constrictor -- Reggie -- begins to strangle Jones. Jock would be ____________________ for the acts of this wild animal that he keeps with him at all times -- in his plane, home, and office. 11. Jones is able to throw the boa out of the plane, averting strangulation. However, the plane later crashes, injuring Jones. There is no indication of foul weather. Jones’ argues that there should be a presumption of negligence because planes don’t simply fall from the sky in the absence of negligence. (“The facts speak for themselves,” he claims.) Under this doctrine, known as ____________________, the burden of proof rests on the defendant. That is, the defendant must prove the he was not negligent. 12. After Jones returns to the university, he learns Belloq is trying to sell the idol, claiming that he (rather than Jones) discovered it. Jones publicly questions Belloq’s legal ownership to the idol in academic circles. In order to maintain the facade that he is the legal owner, Belloq threatens to sue Jones for ____________________ (for questioning Belloq’s ownership). ~Word Bank~ intent to induce another to conversion res ipsa loquitur rely on that misrepresentation assault intentional infliction of damages suffered as a emotional distress result of that reliance slander of title false imprisonment comparative strictly liable assumed a justifiable reliance on that misrepresentation a causal connection risk special (or actual) between the misrepresentation and the injury contributory trespass to land fraudulent misrepresentation slander misrepresentation of a material fact 2 .

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