Exercise 2

Intentional torts

In the table below the names of certain intentional torts are in the left column. Match the names with the proper translation and then with the right definition.

Assault	намеренное действие, направленное на, чтобы вызвать душевное расстройство	the intentional confinement of another person or restraint of another person’s activities without justification.
Battery:	нападение, применение физической силы	communication of false statements that harms the reputation of a person or business or organization
false imprisonment	самовольное проникновение на чужую территорию или в чужое помещение	interference with the individual person’s right to use and enjoy his/her property or with right of the whole community to quiet enjoyment
intentional infliction of emotional distress	нарушение личного или общественного покоя и порядка	an intentional, unexcused and harmful or offensive contact
trespass to land	угроза нападением, применением силы	entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization
trespass to personal property	действия, направленные на причинение вреда репутации	fear of immediate harmful or offensive contact
defamation	неправомерное лишение свободы передвижения	extreme and outrageous conduct resulting in severe emotional distress to another person.
nuisance	самовольное пользование чужими вещами без спроса	taking or harming another’s personal property, in such a way as to interfere with the other person’s right to exclusive possession of his or her personal property, without the owner’s permission or legal authorization.

Exercise 3

Read the following situations and choose the right option to answer the final question in each situation. Justify your choice.

Every option states the reason. Connectors used here are:

because потому что

as – так как

since - поскольку

1) Steve is walking down a crowded street and accidentally bumps into Joe. Steve mumbles an apology and starts to walk by, but Joe yells at him, "Get back here so I can punch you for shoving me." Joe never touches Steve, however. Can Steve recover damages from Joe for assault?

A. No, because Steve wasn’t actually hit.

B. No, because Steve bumped into Joe first.

C. Yes, because Joe threatened Steve with an immediate assault.

bump into smb – натолкнуться на к-л

mumble - бормотать

yell - орать

shove - толкать

2) Steve is walking down the street and bumps into Joe accidentally. Joe gives Steve a shove without saying a word. Steve is surprised but not injured. Can Steve recover damages from Joe for battery?

A. Yes, because Joe touched him in an offensive way, deliberately and without his consent.

B. No, because he wasn’t hurt.

C. No, because Steve ran into Joe first.

3) Fred is upset over being jilted by Sarah and starts calling her at all hours even after she repeatedly asks him to stop. Fred says nothing threatening to her but just keeps saying he wants her to come back to him. Sarah’s distress increases to the point that she cannot concentrate at work and is sleeping badly and she tells Fred so, and finally takes him to court. Can the court award damages to Sarah?

A. No, as Fred did not threaten Sarah with harm.

B. Yes, as Fred knew he was causing Sarah emotional distress but continued doing it.

C. No, as Sarah should just get an unlisted phone number.

jilt somebody – бросить кого-либо

4) Alex works in a doughnut shop. Her supervisor accuses her of stealing some money from the till and orders the guard to take her to his office at the back of the shop and lock her there. Alex remains in the office for half an hour while the manager is doing calculations. Then he lets her out and acknowledges his mistake. Can she later bring an action suing the manager for false imprisonment?

till – касса с ящиком

A) Yes, Alex was falsely imprisoned since she was not free to leave

B) Yes, since the manager intended to lock her without her consent and restricted her freedom to move

C) No, Alex was not falsely imprisoned since she knew she had not stolen the money

5) Alex works in a doughnut shop. Her supervisor accuses her of stealing from the till and announces it in the presence of the staff and some customers. Then he calls the guard and orders to lock Alex in his office until the accountants make proper calculations of the day’s earnings. Later it’s found out that there is no shortage in cash. The manager lets Alex out of the office. She feels embarrassed and thinks that people are looking at her with kind of suspicion. Alex feels emotionally broken. What torts can she sue the manager for?

A) false imprisonment

B) false imprisonment, defamation and infliction of emotional distress

C) defamation

6) Going through the hostel lounge Linda sees a book on the coffee table. The book is the bestseller by a modern writer which Linda has been dreaming to read. She takes the book with the intention to read it and then try to find the real owner. She does not know that the book belongs to Mary. Does Linda commit a trespass to personal property?

A) Yes, because the book does not belong to her and she has no anyone’s permission to take it.

B) No, because she does not know who the book belongs to.

C) No, because Linda intends to read it and then to find the owner.