Chapter 6: Intentional Torts

Assault is the intentional and harmful or offensive contact with another person without their consent.

False.

Courts do not allow recovery for emotional distress unless the plaintiff was hospitalized.

False.

Defamatory occurs if the act causes a reasonable apprehension of imminent battery in another person's mind.

False.

Libel refers to oral defamation and slander refers to written defamation.

False.

If a public official sues for defamation, she must prove the elements of defamation and: (a) extreme damages (b) actual malice

The answer is b.

The standard of proof a plaintiff must satisfy in a tort case is the: (a) beyond a reasonable doubt standard (b) more often than not standard (c) preponderance of the evidence standard (d) clear and convincing standard

The answer is c.

Which of the following is generally true regarding the tort of conversion? (a) It involves both real and personal property. (b) The plaintiff must prove that the defendant destroyed or permanently altered the property. (c) A defendant who buys or sells stolen property may be liable for conversion even if he does so in good faith and without knowledge of the theft. (d) Conversion involves all interferences with the plaintiff's property, whether serious or not.

The answer is c.

D fires his weapon at Smith, intending to kill Smith. However, the bullet misses Smith and passes thru the hat on P's head. Although P was uninjured, P sues D for battery. Which of the following is most true? (a) D is not liable because he did not intend to make contact with P. (b) D is liable to P for negligence. (c) D is not liable because P did not suffer any physical injury. (d) D is liable to P for battery.

The answer is d.

Assault occurs if the act causes a reasonable apprehension of imminent battery in another person's mind.

True.

Battery is the intentional and harmful or offensive contact with another person without their consent.

True.

Hospitalization and/or psychological therapy are not required, but certainly good evidence of distress.

True.

Libel refers to written defamation and slander refers to oral defamation. A mnemonic: the "i" in both "libel" and "written" and the "a" in both "slander" and "oral."

True.