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3.       D

Assault occurs when, with the intent to induce such apprehension, the defendant induces in the plaintiff a reasonable apprehension that a harmful or offensive contact with the plaintiff will occur. Since Mabe did not fear contact with herself, she was not assaulted.

A and are incorrect because Napper’s conduct did not induce Mabe to apprehend contact with herself. If Napper’s conduct did give Mabe reason to apprehend contact with herself, it would not matter whether she had perceived contact with Dan. C is, therefore, incorrect.

4.       C

 A defendant is liable for intentional infliction of emotional distress if, with the intent to cause emotional distress, he engages in outrageous conduct which causes serious mental suffering. The defendant intends the plaintiff’s emotional distress if he desires or knows that it will result from his conduct. Because of the affection normally associated with the parent-child relationship, Napper probably knew (i.e., intended) that his threats to injure or kill Dan would cause his mother to experience emotional distress. If his conduct was outrageous and caused her to experience emotional distress, Napper is liable to her for the distress and any physical manifestations of it.

A is incorrect because the passage of time is not sufficient to prevent liability for an injury which was caused by the defendant’s tortious conduct. If the reasonable person would not have experienced any suffering as a result of Napper’s conduct, then a plaintiff who did experience suffering might not be permitted to recover for it because the law does not seek to benefit a supersensitive plaintiff. If the reasonable person would have experienced some suffering, however, the plaintiff will be permitted to recover for her suffering even if a pre-existing condition makes it unusually severe. (This rule sometimes leads courts to exclaim, “The defendant takes the plaintiff as he finds her.”) B is, therefore, incorrect. D is incorrect because liability for intentional infliction of emotional distress requires intent, not merely a foreseeable risk.

5.        B

Trespass to land is an intentional entry on realty possessed by the plaintiff. For this purpose the air immediately above the ground is regarded as part of the realty.

Without intent, there is no trespass liability. A is incorrect because participation in an abnormally dangerous activity does not satisfy the requirement of intent. C is incorrect because intent means a desire to enter the land or air space above it (without regard to knowledge of the plaintiff’s right). D is incorrect because damage to the realty is not an essential element of trespass to land.

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