Rowan and Eliana are separated, and Rowan has filed for divorce. Eliana is very upset with Rowan after discovering that Rowan had an affair. Rowan and Eliana have a son, Mitchell. Every day, Mitchell gets off the bus at the top of the street, and Rowan waits for him in her car and drives him home. One day, Eliana calls Rowan and tells her that she will pick up Mitchell from the bus stop. Eliana does pick up Mitchell from the bus stop, but instead of driving him home, Eliana calls Rowan and tells her that Mitchell was hit by a car when exiting the bus and is now on the way to the hospital. Eliana does this to get back at Rowan for her affair. Frantic and terrified, Rowan rushes to the hospital, only to discover Mitchell is fine. Rowan is very upset by this and begins seeing a psychiatrist and taking anti$-$anxiety medication. What tort, if any, has Eliana committed?

Intentional infliction of emotional distress

Invasion of privacy

An assault

Eliana has not committed any tort because Mitchell was not actually injured.

Assessment question

Elliot and Quinn are both attorneys in the same small community. Quinn is jealous of the fact that Elliot seems to get all the best cases. Quinn is at dinner one night, and tells the server, $$You know, everyone thinks highly of Elliot as an attorney. But I know Elliot took money out of a client trust account last year for a case before Elliot had earned the fees for the case.$$ Elliot has never done anything like this. What tort, if any, has Quinn committed?

Intentional infliction of emotional distress

Invasion of privacy

Quinn has not committed any tort because Quinn cannot be sure Elliot has never done something like this.

Defamation

Assessment question

Defamation of character involves wrongfully hurting a person$$s good reputation. There are two types of defamation. What are they?

Breaching this duty in writing or other permanent form involves the tort of invasion of privacy, while breaching this duty orally involves the tort of intentional infliction of emotional distress.

Breaching this duty in writing or other permanent form involves the tort of actual malice, while breaching this duty orally involves the tort of reckless disregard of the facts.

Breaching this duty in writing or other permanent form involves the tort of libel, while breaching this duty orally involves the tort of slander.

Breaching this duty in writing or other permanent form involves the tort of slander, while breaching this duty orally involves the tort of libel.

Assessment question

What is considered slander per se$?$

A statement that another has committed or has been imprisoned for a serious crime

A statement that a person is unchaste or has engaged in serious sexual misconduct

A statement that another has a $$loathsome$$ disease or a statement that another has committed improprieties while engaging in a profession or trade

A statement that another has a $$loathsome$$ disease, a statement that another has committed improprieties while engaging in a profession or trade, a statement that another has committed or has been imprisoned for a serious crime, or a statement that a person is unchaste or has engaged in serious sexual misconduct

Assessment question

Evelyn owns ten acres of land in rural West Virginia. Atlas is hiking through the woods and pitches his tent on Evelyn$$s land. While on Evelyn$$s land, Atlas kills a deer for his dinner, even though it is not deer hunting season. What tort, if any, has Atlas committed?

Intentional infliction of emotional distress

Trespass to land

Invasion of privacy

Atlas has not committed any tort because Atlas was merely camping, and not attempting to take Evelyn$$s land.