Basic Tort Question

Graduate School Law School
1

<p>Hey there, I’m doing my homework on the 3 types of torts and I was wondering if any of you out there are able to help me identify the tort (if any) for this senario below:</p>

<p>During dinner, Billy’s cousin Walter tells Billy he has Cooties. Billy becomes upset and raises his drumsticks threatening Walter. Walter begins to cry.</p>

<p>Is this an intentional tort on Billy’s behalf? Is it also an assault because Billy intentionally raised his drumsticks to threaten Walter, Walter was put in immediate danger, but a contact never occured?</p>

<p>Thank you for your help!</p>

2

<p>Cooties= intentional infliction of emotional distress
If anyone else was at the table, could be slander.</p>

<p>Assault does not require contact, but it is a crime, not a tort.</p>

3

<p>“The law disregards trifles.” (California Civil Code Section 3533.) </p>

<p>“The law expects you to do your own homework.” (Greybeard’s First Maxim of Jurisprudence.)</p>

4

<p>What if Billy does in fact have cooties? An allegation of cooties, if true, would not constitute slander. But could be a violation of privacy (HIPAA) if cousin Walter is a medical professional . . . .</p>

5

<p>Intentional torts - assault and defamation.</p>