II.A. Latent Sensitivities and Reservations | Jonathan Zittrain | December 21, 2012


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II.A. Latent Sensitivities and Reservations

by Jonathan Zittrain Show/Hide
    1. 1.1 Show/Hide More Wishnatsky v. Huey-- “The Overly-Sensitive Intruder”
      Original Creator: Jonathan Zittrain
      Should findings of offensive-contact-battery be based on a plaintiff’s level of sensitivity, or a more general standard?
      Plaintiff opened the door to an office in which defendant and plaintiff’s employer were having a private conversation. Defendant closed the door, pushing the plaintiff back out. No physical injuries were alleged by the plaintiff. The plaintiff claimed that as a born-again Christian, he was especially sensitive to “evil spirits” and “the demonic”; therefore, defendant's actions greatly offended him.
  1. 2 Show/Hide More O'Brien v. Cunard--"The Silent Vaccine Objector"
    Original Creator: Jonathan Zittrain
    Should we expect actors to respect the inner wishes of others, even when those desires contradict—or at least fail to be reflected in—external behavior?
    Plaintiff stood in a vaccination line on a ship. When plaintiff reached the ship’s surgeon, she claimed to have been vaccinated before. However, because no vaccination mark was visible, the surgeon insisted that she be vaccinated again. Plaintiff voluntarily raised her arm to be vaccinated and took a ticket which certified her vaccination and avoid quarantine upon leaving the ship. Nevertheless, the plaintiff’s suit alleged that she did not consent to the vaccination.

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