6Torts

In which of the following circumstances is a court more likely to find extreme or outrageous conduct in an intentional infliction of emotional distress claim? A When the defendant insults the plaintiff B When the defendant has threatened the plaintiff C. When the defendant is in a position of authority or influence over the plaintiff D. When the defendant has committed an indignity towards the plaintiff

C. When the defendant is in a position of authority or influence over the plaintiff

What are the elements of intentional infliction of emotional distress?

1. Act by defendant; 2. Constituting extreme and outrageous conduct; 3. Intent to cause severe emotional distress or reckless to the effect of conduct; 4. Causation; and 5. Damages.

What are the elements of a trespass to land?

1. Act of physical invasion into plaintiff's real property without plaintiff's consent; 2. Intent; and 3. Causation. AdaptiTIP: Invasion occurs when the defendant enters the property without permission or remains on it after the right of entry has lapsed.

What are the elements of a battery?

1. Harmful or offensive touching; 2. By the act of defendant; 3. Intent to bring about such contact; and 4. Causation. AdaptiTIP: Battery does not require proof of damages.

What are the elements of conversion?

1. Interference with plaintiff's possession of personal property; 2. Intent; and 3. Causation. AdaptiTIP: The difference between trespass to chattels and conversion is that conversion requires a more serious intermeddling of the plaintiff's property.

What are the requirements for a defense of property to be valid?

1. The plaintiff's invasion of defendant's land or chattels is not privileged; 2. The defendant must reasonably believe that force is necessary to stop intrusion; and 3. The defendant must have demanded that the intruder desist, and intruder ignores the demand. AdaptiTIP: Deadly force generally may not be employed in defense of property.

Which of the following best summarizes a rule regarding affirmative duties to act? A A person who voluntarily aids another is liable for any injury caused by the failure to use reasonable care. B A person who places another person in danger does not have an affirmative duty to act. C A person who voluntarily initiates a rescue has no affirmative duty to continue the rescue. D A person with the ability and actual authority to control another has an affirmative duty to exercise the utmost care.

A : A person who voluntarily aids another is liable for any injury caused by the failure to use reasonable care.

Which of the following statements regarding private nuisance is FALSE? A "Coming to the nuisance" is a complete defense. B With the exception of spite walls, courts have refused to find obstruction of sunlight as creating a private nuisance. C The interference must be annoying to an ordinary, reasonable person. D Compliance with state or local administrative regulations can be evidence as to whether the activity is reasonable.

A Correct Answer: "Coming to the nuisance" is a complete defense.

Which of the following is NOT an example of a public nuisance? A Interfering with the use of private property B Blocking of a public highway C Interfering with the use of public space D Air pollution

A Correct Answer: Interfering with the use of private property

What is the defense of necessity?

A person may interfere with the real or personal property of another when it is reasonably necessary to avoid an injury to herself.

Which of the following statements about self-defense is TRUE? A. Force used in self-defense must be reasonably proportionate to the anticipated harm. B. A person always has a duty to retreat. C. A person acting in self-defense is liable for accidental injuries to bystanders D. An initial aggressor is always entitled to claim self-defense.

A. Force used in self-defense must be reasonably proportionate to the anticipated harm.

What constitutes specific intent?

An act with the purpose of causing a certain consequence or harm.

Which of the following is the measure of damages for conversion? A The amount of loss suffered by the plaintiff due to the defendant's actions B The full value of the property at the time of the conversion C The full value of the property at the time of discovery D The fair market value minus depreciation

B Correct Answer: The full value of the property at the time of the conversion

Which of the following is NOT a basic element of intentional torts? A Act B Purpose C Intent D Causation

B Purpose

Which of the following states the basic duty requirement in a negligence case? A Act to avoid foreseeable harm B Act with reasonable care C Act with the utmost care D Act in good faith to avoid causing harm

B You Selected: Act with reasonable care

Which of the following is NOT a factor the court considers when determining whether conduct is a conversion or a trespass to chattel? A The duration of the interference B The plaintiff's good faith C The expense or inconvenience to the plaintiff D The extent of the harm to the chattel

B You Selected: The plaintiff's good faith

Which of the following statements regarding false imprisonment is FALSE? A. The doctrine of transferred intent applies to false imprisonment. B. The plaintiff can only recover if he was conscious of the confinement at the time it occurred. C. The defendant may restrain or confine the plaintiff by failing to provide a reasonable means of safe escape. D. The plaintiff may recover nominal damages.

B. The plaintiff can only recover if he was conscious of the confinement at the time it occurred.

FILL IN THE BLANKS. A person may use __________ to __________. A. a deadly mechanical device; defend her property B. reasonable force; defend her property C. deadly force; reclaim her property that has been wrongfully taken by another D. deadly force; defend her property

B. reasonable force; defend her property

Which of the following statements about trespass to land is FALSE? A A trespass to land requires a physical invasion of the land. B Mistake of fact as to ownership of the land is not a defense. C Actual damages must be proved. D The defendant need only have the intent to enter the land to be liable for trespass.

C. Actual damages must be proved.

Which of the following statements regarding trespass to chattels is FALSE? A The requisite intent to be liable for trespass to chattels is the intent to do the interfering act. B Mistake by the defendant about the legality of his actions is not a defense. C In circumstances of use or intermeddling, the plaintiff may still recover even if he cannot show actual damages. D In the case of dispossession, a plaintiff may recover for actual damages caused by the interference and the loss of use.

C. In circumstances of use or intermeddling, the plaintiff may still recover even if he cannot show actual damages.

Which of the following statements regarding assault is FALSE? AMere words are generally not enough to create an assault. BThe threatened harmful or offensive contact must be imminent. CThe plaintiff must prove actual damages to recover for assault. DThe plaintiff must be aware of the defendant's act.

CThe plaintiff must prove actual damages to recover for assault.

Which of the following is NOT an element of negligence? A Breach of duty B Causation C Duty D Intentional act

D You Selected: Intentional act

Which of the following is FALSE regarding the privilege of arrest? A. A private citizen may use force to make an arrest in the case of a felony if a felony has actually been committed and the arresting party has reasonable grounds to suspect that the person being arrested committed it. B. A private citizen is not subject to tort liability if he makes a reasonable mistake as to the identity of the felon. C. An officer must reasonably believe that a felony has been committed and that the person she arrests committed it. D. An officer is subject to tort liability if he makes a mistake as to whether a felony has been committed.

D. An officer is subject to tort liability if he makes a mistake as to whether a felony has been committed.

Which of the following statements regarding the defense of consent is FALSE? A. Consent can be either express or implied. B. Mistake can invalidate consent if the defendant knew of the mistake and took advantage of it. C. Fraud invalidates consent when the fraud goes to an essential matter. D. Consent as a defense to liability for injuries in an athletic contest must be explicit and mutual.

D. Consent as a defense to liability for injuries in an athletic contest must be explicit and mutual.

FILL IN THE BLANKS. A battery is __________ contact with the __________ without __________. Aany; body of another; intent Bnegligent; person of another; consent Charmful or offensive; body of another; malice Dharmful or offensive; person of another; consent

Dharmful or offensive; person of another; consent

What is the doctrine of transferred intent?

If the defendant intended to harm one party but harmed the plaintiff instead, then a court will transfer the wrongful intent from that one party to the plaintiff. AdaptiTIP: Applies to battery, assault, false imprisonment, and trespass.

When are self-defense and defense of others effective defenses?

If there is a reasonable belief that a tort is being or will be committed, and the response is proportionate and reasonable to the threat. AdaptiTIP: Deadly force may only be used against deadly force, it may not be used to protect property.

Must the plaintiff be aware of the offensive contact to have a claim for battery?

No, a plaintiff may recover for battery without being aware of the offensive conduct or being conscious when it occurred.

What type of damages are required to recover for intentional infliction of emotional distress?

The plaintiff must have suffered actual damages (not merely nominal) to recover. There need not be physical damages, but there must be severe emotional distress. AdaptiTIP: Punitive damages may be recovered in situations where the defendant had an improper motive.

What constitutes physical invasion onto a plaintiff's land?

• Entering land; • Flooding land; • Throwing objects onto the land; • Forcing other individuals to enter the land; and • Remaining on the land after the right to enter onto the land has expired. AdaptiTIP: If no object enters the land, e.g. when there is only noise, there may be a nuisance claim but not trespass to land.

In the context of intentional torts, how may a plaintiff give consent?

• Express; and • Implied: by apparent consent or by law.

When are arrests privileged such that they do not amount to false imprisonment?

• Felony arrest by an officer or agent without a warrant and with reasonable grounds to believe that person committed a felony; • Misdemeanor arrests without warrant if a breach of the peace occurred; • Arrests to prevent a felony or breach of the peace where it reasonably appears that a felony or breach of the peace was in the process of being committed; and • Arrests by a shopkeeper if there is a reasonable belief that a theft occurred and the detention is made in a reasonable manner for a reasonable period of time (shopkeeper's privilege).

What constitutes confinement or restraint for purposes of a false imprisonment claim?

• Physical barriers; • Force; • Threat of force; and • Improper use of authority. AdaptiTIP: Moral pressure and future threats are insufficient to constitute confinement.