6. To play a joke on his friend Ethel Rosenberg, Max disguises himself as an FBI agent, comes to Ethel’s door, and tells her that her husband Julius has just been arrested for spying and is about to be executed. In fact, Max knows that Julius has been out fishing all day, and that Ethel has been scared sick worrying about him. She screams and faints, and is extremely anguished for months afterwards. When she recovers, she sues Max for intentional infliction of emotional distress. Max defends on the grounds that Ethel’s distress has not led to any physical illness or injury (a factually correct statement). Will Max’s defense succeed?
7. Cleopatra and her boyfriend, Marc Antony, have a fight at his house. He storms out. Despondent, Cleopatra goes to his bathroom, gets in the tub, and slashes her wrists. Antony comes back, and finds her in a pool of blood. Shocked and horrified, he rushes her to the hospital. Cleopatra survives. Antony sues her for intentional infliction of emotional distress. She defends on grounds that she didn’t intend to distress him. Who wins?
8. Miles Standish likes to take long walks every day along what he believes is the edge of his property, Turkey Ridge. The course he travels is actually on land belonging to Chief Big Foot. Has Standish committed a trespass to land?
9. Jack T. Ripper jumps into H. G. Wells’ time machine, mistakenly believing it’s his. He takes it on a whirl through time, realizes his mistake, and returns it. Has Ripper committed a trespass to chattels?
10. Icarus asks Orville Wright if he can borrow Wright’s wax wings. Wright hands them over, Icarus straps them on, and soars into the wild blue yonder. Unfortunately, Icarus flies too close to the sun, the wings melt, and Icarus isn’t too well off, either. Icarus returns the wings to Wright as one solid mass of wax. Wright claims that Icarus has committed a conversion. Icarus claims that since he rightfully borrowed the wings, he can’t be liable for conversion. Who’s right?
11. Anne Boleyn enters the hospital to have her sinuses drained. While she is anesthetized, her doctor, Ryno Plasty, removes her eleventh finger (which doesn’t function anyway), as well. Has Plasty committed a tort?
12. In an NHL playoff hockey game, Wayne Greatsky gets around the player defending him, Mario Lemeow, and scores. Lemeow, enraged at being scored upon, skates up behind Greatsky and hacks at him with his stick. Greatsky falls, strikes his head on the ice, and suffers a career-ending injury. Greatsky sues Lemeow for battery. Lemeow raises the affirmative defense of implied consent. Will this defense succeed?