PENNY v. DORA

Penny lived alone in a small house in the woods. She was a jewelry maker and worked out of her house. People knew she had beautiful and valuable jewelry at her home. One stormy night after she went to sleep, Penny heard a noise near the front of the house. It was pitch black. She got out of bed and walked slowly toward the noise. Concerned that someone may be breaking into her house to rob her or possibly hurt her, Penny picked up the loaded revolver she kept in the house for security. There had been a break-in several years ago at her house and there were several break-ins in the neighborhood over the past few years, so Penny was on alert.

She saw the dark shadows of two people in the front room. She heard them whispering. One of them, Dora, accidentally knocked over a lamp in the dark, breaking it. Penny was frightened. She decided to say something. "Get out of here right now and I won't kill you," she yelled. Dora was frightened, but said nothing. Getting no response, Penny pointed the gun towards them, yelling, "I'm gonna shoot if you don't get out now." Dora saw the gun in the shadows and got very scared, but didn't move or say anything. Penny waited a few seconds and then fired the gun toward Dora, intending to scare her with a shot above her head, but the bullet ended up hitting Dora in the shoulder, causing severe injury and putting her into a state of terrible panic and severe pain.

Dora entered Penny's house with Lara through an open window. They were two elderly patients missing from a nearby Alzheimer's convalescent hospital and were trying to get out of the storm. They thought the house was their hospital. They were confused and posed no threat to Penny or her property.

1.PENNY SUES DORA IN INTENTIONAL TORT. What result? (Do NOT discuss privileges)

2.DORA SUES PENNY IN INTENTIONAL TORT. What result? (Do NOT discuss privileges)

[Note that thecall of the question asks for a discussion of the prima facie torts that may have been committed. You are to discuss whether or not those torts have been shown under the facts. Explain why they have been shown or why they have not been shown. You are NOT to discuss any possible privileges that may apply. Stick to the prima facie torts.]

Outline of Answer to Penny v. Dora

1. PENNY SUES DORA IN INTENTIONAL TORT. What result? (Do NOT discuss privileges)

A. TORT: Trespass to Land.

ISSUE: Did Dora commit a trespass to land by entering Penny's property?

RULE: Trespass to Land requires an intentional entry upon the land of another.

ANALYSIS: Dora intentionally entered Penny's house. Mistake doesn't negate intentional entry. Damages not needed, but lamp broken during trespass.

CONCLUSION: Dora committed Trespass to Land.

B. TORT:

ISSUE:

RULE:

ANALYSIS:

2. DORA SUES PENNY IN INTENTIONAL TORT. What result? (Do NOT discuss privileges)

A. TORT:

ISSUE:

RULE:

ANALYSIS:

B. TORT:

ISSUE:

RULE:

ANALYSIS:

C. TORT:

ISSUE:

RULE:

ANALYSIS: