Torts Overview And Intentional Torts

An intentional infliction of a harmful or offensive touching of a person is known as __________.

Is locking a P in a room where there are no available exits a sufficient method of confinement?

• Yes

• No

If Bobby Brown attempts to hit Whitney Houston, but instead stops his fist right before her nose, has Bobby Brown satisfied the act element of assault?

• Yes

• No

The element of act can be satisfied by someone keeping someone confined, or failing to release someone from confinement.

• True

• False

Bob was walking down the street when someone told him he had spilt some chocolate ice cream on his shirt and that it looked like poop. Bob was, who was already having a bad day, starts to cry. Was this conduct outrageous and extreme?

• Yes

• No

Ann knows that Bob is deathly afraid of clowns. When Bob is walking down the street, Ann runs at Bob and chases Bob in a Clown costume until Bob collapses in an anxiety attack. Is Ann liable for IIED?

• Yes

• No

If you ask someone to punch you the chest, and they shoot you with a gun, can they use consent as a defense?

• Yes

• No

An intentional creation of an immediate apprehension of a harmful or offensive touching is known as _________.

If Paris Hilton, dressed as a cop, locks Donald Trump in his room for possession of cocaine (when he in fact has no cocaine on his person), will Paris Hilton be considered liable for false imprisonment

• Yes

• No

You call a plumber onto your premises to fix a clogged toliet. You fail to tell him of concealed quicksand pit in front of the door in which you know about, the plumber is consumed by the pit and dies. Have you breached your duty of care?

• Yes

• No

If your pastor tells you that you shouldn't leave church because it would be affront to God, and you stay, can you later sue him for false imprisonment.

• Yes

• No

Ann was in class when a classmate came to the door of the classroom motioning her to come out. Ann walked out of the classroom. Her classmate proceeded to tell her that her entire family had died in a plane crash. Ann, breaks down in tears, begins to shake, and is obviously mortified and rushes to phone a nearby relative, and finds out then that her classmate had been joking. Would this be considered outrageous and extreme conduct?

• Yes

• No

If the harm was intended the tort is considered ___________.

An intentional exercise of dominion or control over a chattel which so substantially interferes with the plaintiff's rights as to require defendant to be forced to purchase it is known as ___________.

Grand Forks Cities Mall is having a big give away. The owner of the mall fails to notice a mold growing in the hallways that if someone comes into contact will cause serious illness. Some of the customers fall ill. Have they breached their duty of care.

• Yes

• No

When a plaintiff can prove all elements for a cause of action, the plaintiff has a ____ ______ case.

If a baseball player consents to his teammate hitting him in the nose with a baseball bat, is the baseball player's friend liable for battery?

• Yes

• No

If D tells P that if P leaves their confinement, D will tase them in the head with a taser gun, has D used a sufficient method of confinement?

• Yes

• No

Children are not capable of committing intentional torts.

• True

• False

If D trespasses on land, and then during that trespass assaults the true owner, will a court find that D had intent to assault the true owner?

• Yes

• No

William of the Black Eye Peas walks up to Perez Hilton and says "Because you keep saying mean things about Fergie I'm going to beat you up later tonight." Will the court find that Williams conduct is imminent in terms of assault?

• Yes

• No

If you are walking down the street and a thief runs by and steals your wallet, can you chase them down and and physically force them to return your wallet.

• Yes

• No

In your 1 acre plot of land are some abandoned well ores that are scattered amongst premises. Your neighbors have six children and they often frequent the area playing cops and robbers. The ore are big and if someone falls in, they would be severely injured.  It would be extremely expensive to remove the ores or build a fence. As a result, you decide to do nothing. The neighbor's six year old boy comes onto your land and falls into a well ore breaking his arm. Have you breached your duty?

• Yes

• No

If D shoots a gun at A, but instead of hitting A the bullet ricochets off of a mirror and injures B, will the court find that D had intended to injure B?

• Yes

• No

Using physical force is not a sufficient method of confinement.

• True

• False

You pass out drunk in your hotel room. Your frenemy than proceeds to weld the door shut, so they can make out with your significant other. By the time you wake up security has already unlocked the door. Can you sue for false imprisonment?

• Yes

• No

If P is locked in a room, and is aware of his/her confinement, but is unharmed, has the awareness or harm element been satisfied?

• Yes

• No

It is hunting season, and you have a piece of land that has adequate resources and game.You aware of a concealed abandoned coal mine on your property but fail to notify or put signs signaling that this coal mine exists. A hunter falls into the coal mine, breaking both of his tibias. Have you breached your duty?

• Yes

• No

When statute's specific standard replaces the general negligence standard, the standard is known as ______________________.

If D intends to effect a b_______ or a  a__________ intent has been established.

If P is walking through a tunnel, and D turns off the light, making P scared, did D satisfiy the element of apprehension for assault?

• Yes

• No

If a person is bounded in a house, and they fail to check every door to ensure that all exits are locked, is that person considered confined in bounded area?

• Yes

• No

In most jurisdictions, a mentally incompetent or insane person is liable for his intentional torts, even when incapable of forming a purpose or understanding the consequences of his conduct.

• True

• False

If D, out of anger that P slept with her boyfriend, smashes a baseball bat into the rear window of P's car, while P is in it, has D touched P in terms of battery?

• Yes.

• No

If a person is punching you, and then you punch them back and restrain them, can they sue you for a tort?

• Yes

• No

If Saw laid an elaborate trap for one his victims, has battery occurred even though he did not actually touch his victim?

• Yes

• No.

(Please separate answers with a comma.) _______ is the desire to cause certain immediate consequences; _______ is the actor’s reason for having that desire.

The intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional distress is known as ___.

Motive is usually irrelevant on the issue of liability.

• True

• False

Duration of time is an important aspect in determining false imprisonment.

• True

• False

If there is a bomb in the school, and people are in the building and you take the bomb to a swimming pool where there is no one around, and the bomb explodes destroying the swimming pool, must you pay the damages of the swimming pool?

• Yes

• No

If D walks up to P with a hand in his pocket, and P perceives that the hand in D's pocket is a gun, and P is apprehensive that D is going to shoot him, but then D notes that he has a hand in his pthe ocket, has D satisfied the apprehension aspect of assault?

• Yes

• No

P is locked in a room for a month without food or water. All exits were barred. At the end of the confinement, P almost starved to death and had to go to the hospital for a month. During the whole time of their confinement, P was in a coma from being knocked out in the room. Can P say they satisfied the awareness or harm element of false imprisonment.

• Yes

• No

The D must actually touch the victim to constitute battery.

• True

• False

If D did not intend to cause harm, the tort is considered n__________ or r____________ depending upon the magnitude and probability of the risk and D’s consciousness of it.

D sees a woman getting beat up by her boyfriend. D steps in and beats up the boyfriend. D later finds out that this was a scene being shot for a television show. Is D liable for a tort

• Yes

• No

If Professor Richotte tells you that if you leave class he will cut off your hand later in the day, and you stay in class, is Richotte liable for false imprisonment

• Yes

• No

You loan your friend your lawn mower so he can mow a strip of lawn between your houses, what standard of care must the bailee exert when using your lawn mower?

• Higher standard of care

• Lower standard of care

• Ordinary standard of care