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Hobbits, Gandalf, Bilbo, and everything else Middle Earth are the proprety of J.R.R. Tolkien and New Line Cinema
Artwork is "The Lonely Mountain" by MissMachineArt available on DeviantArt, Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License
Damaging property or deteriorating its quality may also result in liability. Here, Baggins could state a prima facie case for trespass to chattels against the dwarves because they intentionally dispossessed him of all his mugs, plates, and silverware when they helped themselves to a long and hearty feast. He could also state another claim against them for the use of all his furniture, which left Baggins without anywhere to sit inside his own home. Unfortunately, Baggins would likely be entitled only to nominal damages. However, Baggins could get more out of a trespass to chattels claim against Gandalf because he damaged his front door by scratching it with his staff.
Intentional Infliction of Emotional Distress: Soliciting The Adventure
The final tort is the gravest: Gandalf may be liable for intentional infliction of emotional
distress (IIED). One is liable for IIED if “by extreme and outrageous conduct [he]
intentionally or recklessly causes severe emotional distress to another.”5
The extreme and outrageous character of the conduct can arise from a
person’s knowledge that another is particularly susceptible to emotional
distress and proceeds in spite of that information. As indicated in the
facts, hobbits, and particularly the Baggins family, are vehemently
opposed to adventures: they prefer a life of leisure and comfort, and
Baggins informed Gandalf that hobbits want no part in any adventures.
Despite this knowledge, and after witnessing Baggins flee in panic
that very morning at the mention of adventures, Gandalf insisted
that Baggins join the company. Baggins was presented with a
contract that, if signed, would insulate the dwarves and
Gandalf from liability should he be killed or horribly
maimed on the adventure, and Baggins immediately
passed out from emotional distress. Given the
nature of this claim, a sympathetic hobbit
judge would likely award serious
punitive damages.
CONCLUSION
Bilbo Baggins will likely never get his day in court because the statute of limitations have probably run on all his claims, and because he is a fictional character who endured fictional wrongful acts. However, it is plain to see that tort law is just as prevalent in Middle Earth as it is here in the United States.
5Id. § 46(1).