Torts

Question 1

What is intent for intentional torts?

Answer 1

Desire to cause result OR knowledge result is substantially certain (16.4%)

Question 2

What is transferred intent?

Answer 2

Doctrine where a defendant’s intent to commit one intentional tort against one person is treated as intent to commit a different intentional tort or the same tort against a different person, if the resulting harm falls within the protected interests of the intentional torts.

Intent transfers among assault, battery, false imprisonment, trespass to land, trespass to chattels
(16.4%)

Question 3

What is battery?

Answer 3

Intentional harmful or offensive contact with plaintiff’s person (16.4%)

Question 4

What qualifies as offensive contact?

Answer 4

Contact offensive to a reasonable sense of dignity (16.4%)

Question 5

What is assault?

Answer 5

Intentional act creating reasonable apprehension of imminent harmful or offensive contact (16.4%)

Question 6

Is awareness required for assault?

Answer 6

Yes—plaintiff must be aware at time of apprehension (16.4%)

Question 7

What is false imprisonment?

Answer 7

Intentional confinement of plaintiff without lawful justification (6.6%)

Question 8

What qualifies as confinement?

Answer 8

Physical barriers, force, threats, or invalid authority (6.6%)

Question 9

Is awareness required for false imprisonment?

Answer 9

Yes, unless plaintiff is harmed (6.6%)

Question 10

What is IIED?

Answer 10

Extreme and outrageous conduct + intent/recklessness + severe emotional distress (6.6%)

Question 11

What conduct qualifies as extreme and outrageous?

Answer 11

Conduct beyond all bounds of decency (6.6%)

Question 12

What is trespass to land?

Answer 12

Intentional physical invasion of plaintiff’s land (6.6%)

Question 13

What is trespass to chattels?

Answer 13

Intentional interference causing dispossession or damage (6.6%)

Question 14

What is conversion?

Answer 14

Intentional exercise of dominion seriously interfering with chattel (6.6%)

Question 15

Remedy for conversion?

Answer 15

Fair market value at time of conversion (6.6%)

Question 16

What is consent?

Answer 16

Willingness to allow conduct; express or implied (8.2%)

Question 17

What is self-defense?

Answer 17

Reasonable force to prevent imminent unlawful force (8.2%)

Question 18

When is deadly force justified?

Answer 18

Threat of death, serious bodily harm, or rape (8.2%)

Question 19

What is defense of others?

Answer 19

Reasonable belief force is necessary to protect third party (4.9%)

Question 20

What is defense of property?

Answer 20

Non-deadly force only; deadly force not allowed (4.9%)

Question 21

What is necessity?

Answer 21

Public: complete defense; Private: incomplete (damages owed) (4.9%)

Question 22

What are the elements of negligence?

Answer 22

Duty → breach → actual cause → proximate cause → damages (27.8%)

Question 23

How is duty determined?

Answer 23

Duty owed to all foreseeable plaintiffs (27.8%)

Question 24

Standard of care for negligence?

Answer 24

Reasonable person under the circumstances (27.8%)

Question 25

Special standards of care?

Answer 25

Children, professionals, common carriers (27.8%)

Question 26

How is breach shown?

Answer 26

Failure to meet applicable standard of care (27.8%)

Question 27

What is negligence per se?

Answer 27

Statutory violation + protected class + protected harm (27.8%)

Question 28

What is actual cause?

Answer 28

But-for test or substantial factor test (27.8%)

Question 29

When is the substantial factor test used?

Answer 29

Multiple sufficient causes (27.8%)

Question 30

What is proximate cause?

Answer 30

Foreseeability of harm (27.8%)

Question 31

What breaks proximate cause?

Answer 31

Superseding intervening cause (27.8%)

Question 32

What is the eggshell plaintiff rule?

Answer 32

Take plaintiff as found (27.8%)

Question 33

What damages are recoverable in negligence?

Answer 33

Personal injury or property damage (27.8%)

Question 34

Is pure emotional distress recoverable?

Answer 34

Generally no, unless special exceptions (27.8%)

Question 35

What is contributory negligence?

Answer 35

Plaintiff negligence bars recovery (6.6%)

Question 36

What is comparative negligence?

Answer 36

Recovery reduced by plaintiff’s fault (6.6%)

Question 37

Pure vs modified comparative negligence?

Answer 37

Pure: any recovery; Modified: barred at 50%/51% (6.6%)

Question 38

What is assumption of risk?

Answer 38

Knowing and voluntary encounter of risk (6.6%)

Question 39

When does strict liability apply?

Answer 39

Abnormally dangerous activities (11.5%)

Question 40

Test for abnormally dangerous activity?

Answer 40

High risk + not common usage + cannot eliminate risk (11.5%)

Question 41

What must plaintiff prove in strict products liability?

Answer 41

Defect + defect existed when left defendant + foreseeable use + injury (16.4%)

Question 42

What is a manufacturing defect?

Answer 42

Product deviates from intended design (16.4%)

Question 43

What is a design defect?

Answer 43

Consumer expectation OR risk-utility test (16.4%)

Question 44

What is a warning defect?

Answer 44

Failure to provide adequate warnings (16.4%)

Question 45

Who may be liable?

Answer 45

Commercial sellers in chain of distribution (16.4%)

Question 46

What is respondeat superior?

Answer 46

Employer liable for employee torts within scope of employment (11.5%)

Question 47

Employee vs independent contractor test?

Answer 47

Degree of control exercised (11.5%)

Question 48

When is conduct within scope?

Answer 48

Kind employed to perform + time/place + serving employer (11.5%)