Tort Essay

1166 words 5 pages

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was wearing a mask and carrying a gun. Charlie, who suspected Art of having an affair with
Charlie’s wife, approached to within ten feet of Art and Bill, aimed the gun at Art and said, AArt,
I am going to kill you.@
Art quickly grabbed Bill and pulled Bill in front of him, using Bill as a shield. Charlie fired the gun; the bullet going over the shoulder of Bill and hitting Art in the arm. Charlie then dropped the gun onto the ground and turned to run away. Art, using his uninjured arm, picked up the gun and shot at Charlie as he ran away, hitting him in the leg.
Bill was horrified at the prospect of almost being shot, and
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Charlie’s intent to place Art in apprehension of an immediate battery can be transferred to Bill, establishing this element.
B. Intentional Infliction of Emotional Distress. To establish this tort it must be shown that the defendant=s extreme and outrageous conduct intentionally causes the plaintiff to suffer severe distress.
1. Extreme and outrageous. Conduct is classified as extreme and outrageous if beyond the bounds of what a reasonable person would expect to have to tolerate. Being confronted on the street with a loaded weapon and the holder of the weapon threatening to kill is likely beyond the bounds of reasonable toleration. Charlie=s action of pointing and firing the gun in the direction of Art and Bill could possibly be deemed to be extreme and outrageous.
2. Intent to cause distress? Charlie’s actions were primarily directed toward Art, not
Bill. Since the doctrine of transferred intent does not apply to this tort, it would seem that this element is lacking. However, the intent element for this tort can be established by either intentional or reckless conduct. When Charlie fired the gun in the direction of Art while Art was holding Bill in front of him as a shield it can be concluded that Charlie was acting recklessly as to Bill.
3. Severe emotional distress. The distress required for intentional infliction of emotional distress must be more than minor or transitory. No physical injury was suffered by
Bill, but


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