Torts Overview and Intentional Torts

1. You rent a car from Avis. Avis was aware that the breaks were faulty in the vehicle you rented, but failed to inform you. You are driving down Demers Avenue when your breaks fail to work, you pass through a red light, are hit by a semi truck, and you are left severely injured. Did Avis breach their standard of care?

Yes

No

Yes. This is a bailment for hire in the sense that you pay Avis to rent the car. In such a case, the bailor must inform the bailee of known and reasonably discoverable defects in the chattel. It is reasonable to find out of if breaks were not working and the should have let the bailee know of this defect, thus they breached their standard of care.

Explanation

Yes. This is a bailment for hire in the sense that you pay Avis to rent the car. In such a case, the bailor must inform the bailee of known and reasonably discoverable defects in the chattel. It is reasonable to find out of if breaks were not working and the should have let the bailee know of this defect, thus they breached their standard of care.

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

Yes

No

Physical boundaries can be considered a physical method of confinement

Explanation

Physical boundaries can be considered a physical method of confinement

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

True

False

This statement is true.

Explanation

This statement is true.

5. 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

Yes. Even faking to hit someone is considered assault.

Explanation

Yes. Even faking to hit someone is considered assault.

6. 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

No. The "eggshell plaintiff" doctrine does not apply to allow unusually sensitive plaintiffs to recover for act that would not cause severe emotional distress in persons generally.

Explanation

No. The "eggshell plaintiff" doctrine does not apply to allow unusually sensitive plaintiffs to recover for act that would not cause severe emotional distress in persons generally.

7. 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

Yes. If the defendant knows about the unusual sensitivity, a cause of action will lie

Explanation

Yes. If the defendant knows about the unusual sensitivity, a cause of action will lie

8. 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

No. Must be within scope(within the boundaries of what you agreed).

Explanation

No. Must be within scope(within the boundaries of what you agreed).

9. 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

Yes. When you invite licensees, such as a plumber, onto your property you have a duty to warn of or make safe any known, concealed dangerous condition (whether natural or artificial). However, you do not need to inspect your land for dangerous conditions.

Explanation

Yes. When you invite licensees, such as a plumber, onto your property you have a duty to warn of or make safe any known, concealed dangerous condition (whether natural or artificial). However, you do not need to inspect your land for dangerous conditions.

10. 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

Yes. Illegal use of authority is considered confinement.

Explanation

Yes. Illegal use of authority is considered confinement.

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

Assault refers to the deliberate act of creating an immediate sense of fear or apprehension in someone's mind regarding an offensive or harmful physical contact. It involves intentionally causing someone to believe that they are about to be physically harmed or touched in an offensive manner. This can be done through verbal threats, aggressive gestures, or any other means that instills fear in the victim. Assault does not necessarily involve physical contact, but rather focuses on the creation of fear or apprehension in the victim.

Explanation

Assault refers to the deliberate act of creating an immediate sense of fear or apprehension in someone's mind regarding an offensive or harmful physical contact. It involves intentionally causing someone to believe that they are about to be physically harmed or touched in an offensive manner. This can be done through verbal threats, aggressive gestures, or any other means that instills fear in the victim. Assault does not necessarily involve physical contact, but rather focuses on the creation of fear or apprehension in the victim.

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12. 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

Yes.

Explanation

Yes.

13. 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

No. Appeals to moral sensibilities are not a sufficient means of keeping someone confined.

Explanation

No. Appeals to moral sensibilities are not a sufficient means of keeping someone confined.

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15. 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

Yes. When owner is a public invitee, they have the same duty as to licensees,but they also have an additional duty to inspect and render safe concealed dangers.

Explanation

Yes. When owner is a public invitee, they have the same duty as to licensees,but they also have an additional duty to inspect and render safe concealed dangers.

16. 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 ___________.

Conversion refers to the intentional exercise of dominion or control over someone else's property, such as a chattel, which significantly interferes with the owner's rights. In this scenario, if the interference is severe enough that it compels the defendant to purchase the chattel, it would be considered a case of conversion.

Explanation

Conversion refers to the intentional exercise of dominion or control over someone else's property, such as a chattel, which significantly interferes with the owner's rights. In this scenario, if the interference is severe enough that it compels the defendant to purchase the chattel, it would be considered a case of conversion.

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17. 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

No.If P consents to D's touching, P cannot sue for battery.

Explanation

No.If P consents to D's touching, P cannot sue for battery.

18. 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

Yes.Threats of force are sufficient methods of confinement.

Explanation

Yes.Threats of force are sufficient methods of confinement.

19. Children are not capable of committing intentional torts.

True

False

This statement is false.

Explanation

This statement is false.

20. 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

No. Threat to assault later is not sufficient to satisfy the imminence aspect of Torts. The action must occur right away.

Explanation

No. Threat to assault later is not sufficient to satisfy the imminence aspect of Torts. The action must occur right away.

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22. 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

Yes. Force may be used to recapture a chattel only when in "hot pursuit" of one who has obtained possession wrongfully.

Explanation

Yes. Force may be used to recapture a chattel only when in "hot pursuit" of one who has obtained possession wrongfully.

23. 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

Yes the court will.D’s intent to commit any one of the original trespass-based torts (assault, battery, false imprisonment, trespass to land or chattels) automatically supplies the intent for any of the other four.

Explanation

Yes the court will.D’s intent to commit any one of the original trespass-based torts (assault, battery, false imprisonment, trespass to land or chattels) automatically supplies the intent for any of the other four.

24. 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

No. P must be aware of the confinement during the confinement.

Explanation

No. P must be aware of the confinement during the confinement.

25. 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

Yes. If plaintiff is unharmed, but is aware of the confinement, this element is satisfied.

Explanation

Yes. If plaintiff is unharmed, but is aware of the confinement, this element is satisfied.

26. Using physical force is not a sufficient method of confinement.

True

False

Physical force alone is not a sufficient method of confinement because it may not effectively control or restrain a person. Confinement requires more than just physical force; it also requires appropriate facilities, equipment, and procedures to ensure the safety and security of the individual being confined. Physical force may be necessary in certain situations, but it is not the only factor to consider when implementing a confinement method. Therefore, the statement is false.

Explanation

Physical force alone is not a sufficient method of confinement because it may not effectively control or restrain a person. Confinement requires more than just physical force; it also requires appropriate facilities, equipment, and procedures to ensure the safety and security of the individual being confined. Physical force may be necessary in certain situations, but it is not the only factor to consider when implementing a confinement method. Therefore, the statement is false.

27. 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

Yes. If the magnitude of the risk outweighs the cost of remedying the situation, the owner has a duty to remedy the situation, in this example build a fence. It is important to note that this duty exists when the owner knows about a dangerous artificial condition,the owner knows children frequent the area, and that this condition is dangerous to children.

Explanation

Yes. If the magnitude of the risk outweighs the cost of remedying the situation, the owner has a duty to remedy the situation, in this example build a fence. It is important to note that this duty exists when the owner knows about a dangerous artificial condition,the owner knows children frequent the area, and that this condition is dangerous to children.

28. 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

Yes. D's intent can transfer from A (D’s intended victim) to B (D’s actual but unintended victim).

Explanation

Yes. D's intent can transfer from A (D’s intended victim) to B (D’s actual but unintended victim).

29. 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

Yes.Owners/possessors of land have a duty to warn or make safe concealed artificial conditions, known to the owner/occupier, involving risk of death or serious bodily injury.

Explanation

Yes.Owners/possessors of land have a duty to warn or make safe concealed artificial conditions, known to the owner/occupier, involving risk of death or serious bodily injury.

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31. 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

No. The P must be expecting an immediate battery not just be scared.

Explanation

No. The P must be expecting an immediate battery not just be scared.

32. 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

No. If there is a reasonable means of escape such as a door, and the P fails to attempt to find or use it, the claim of false imprisonment is rejected and they are not considered to have been in a bounded area.

Explanation

No. If there is a reasonable means of escape such as a door, and the P fails to attempt to find or use it, the claim of false imprisonment is rejected and they are not considered to have been in a bounded area.

33. If D intends to effect a b_ or a a____ intent has been established.

If D intends to effect a battery or a assault intent has been established, it means that if the defendant has the intention to physically harm someone or if there is evidence that the defendant had the intention to commit an act that would cause fear of immediate physical harm to someone, then the elements of both battery and assault have been met. Battery refers to the actual physical contact or harm caused to another person, while assault refers to the intentional act that creates a reasonable apprehension of harmful or offensive contact.

Explanation

If D intends to effect a battery or a assault intent has been established, it means that if the defendant has the intention to physically harm someone or if there is evidence that the defendant had the intention to commit an act that would cause fear of immediate physical harm to someone, then the elements of both battery and assault have been met. Battery refers to the actual physical contact or harm caused to another person, while assault refers to the intentional act that creates a reasonable apprehension of harmful or offensive contact.

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34. 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

This statement is true.

Explanation

This statement is true.

35. 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

Yes.Touching of a person includes anything connected to the person.

Explanation

Yes.Touching of a person includes anything connected to the person.

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

Yes

No

A person is entitled to use reasonable force (same level as what other person did to you) to prevent any reasonably believed threat of imminent battery or false imprisonment

Explanation

A person is entitled to use reasonable force (same level as what other person did to you) to prevent any reasonably believed threat of imminent battery or false imprisonment

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

Yes

No.

Yes. Touching can be direct or indirect (e.g., setting something in motion, laying a trap).

Explanation

Yes. Touching can be direct or indirect (e.g., setting something in motion, laying a trap).

38. Motive is usually irrelevant on the issue of liability.

True

False

This statement is true.

Explanation

This statement is true.

39.
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

No. Doing something to protect the public at large, no compensatory damages are owed.

Explanation

No. Doing something to protect the public at large, no compensatory damages are owed.

Submit

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

True

False

The duration of time is not necessarily an important aspect in determining false imprisonment. False imprisonment refers to the unlawful confinement or restraint of a person against their will, regardless of the duration. Even a brief period of confinement can be considered false imprisonment if it meets the other necessary elements, such as the lack of consent or lawful justification. Therefore, the statement that duration of time is an important aspect in determining false imprisonment is false.

Explanation

The duration of time is not necessarily an important aspect in determining false imprisonment. False imprisonment refers to the unlawful confinement or restraint of a person against their will, regardless of the duration. Even a brief period of confinement can be considered false imprisonment if it meets the other necessary elements, such as the lack of consent or lawful justification. Therefore, the statement that duration of time is an important aspect in determining false imprisonment is false.

Submit

43. 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

Yes. If plaintiff is unaware of the confinement, but is harmed by it, the confinement, this element is satisfied

Explanation

Yes. If plaintiff is unaware of the confinement, but is harmed by it, the confinement, this element is satisfied

44. 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.

negligent, reckless

Explanation

negligent, reckless

Submit

45. The D must actually touch the victim to constitute battery.

True

False

Battery is a legal term that refers to the intentional and harmful physical contact with another person. In order to constitute battery, the contact does not necessarily have to be a direct touch. It can include actions such as hitting someone with an object or throwing something at them. Therefore, the statement that the D must actually touch the victim to constitute battery is false.

Explanation

Battery is a legal term that refers to the intentional and harmful physical contact with another person. In order to constitute battery, the contact does not necessarily have to be a direct touch. It can include actions such as hitting someone with an object or throwing something at them. Therefore, the statement that the D must actually touch the victim to constitute battery is false.

46. 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

No.Words and acts are not sufficient by themselves. The P must believe that attack is possible, and is going to happen soon. When words negate the conduct, the conduct is no longer considered assault.

Explanation

No.Words and acts are not sufficient by themselves. The P must believe that attack is possible, and is going to happen soon. When words negate the conduct, the conduct is no longer considered assault.

47. 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

Yes. In a majority of jurisdictions, a mistake in perceiving a threat, even if reasonable, will void the defense

Explanation

Yes. In a majority of jurisdictions, a mistake in perceiving a threat, even if reasonable, will void the defense

48. 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

Answer is C. When a bailment benefits both bailee and bailor an ordinary standard of care is expected.

Explanation

Answer is C. When a bailment benefits both bailee and bailor an ordinary standard of care is expected.

49. 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

No. Threat of future actions are not sufficient means of false imprisonment.

Explanation

No. Threat of future actions are not sufficient means of false imprisonment.

50. 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, has D satisfied the apprehension aspect of assault?

Yes

No

Yes. If P percieves reasonably that an attack is imminent, the apprehension aspect of assault has been satisfied.

Explanation

Yes. If P percieves reasonably that an attack is imminent, the apprehension aspect of assault has been satisfied.

51. In remedy of a ____________ after paying damages, the plaintiff retains property.

Trespass to chattels

Trespass to land

Conversion

Negligence

In the remedy for conversion, after paying damages, the defendant retains the converted property

Explanation

In the remedy for conversion, after paying damages, the defendant retains the converted property

Submit

53. Russell Crowe walks up to Lindsay Lohan and pokes her because she has forgotten her lines again. Can Lindsay Lohan sue for battery?

Yes.

No.

No. Based on a reasonable person standard, poking is not considered to be harmful or offensive.If for example, Russel Crowe had grabbed Lindsay Lohan's boobs without her permission (highly unlikely) Lohan may be able to sue for battery.

Explanation

No. Based on a reasonable person standard, poking is not considered to be harmful or offensive.If for example, Russel Crowe had grabbed Lindsay Lohan's boobs without her permission (highly unlikely) Lohan may be able to sue for battery.

54. Your uncle is dying if a heartache so you take his car to speed him to the hospital. In the process you accidentally run over a parking meter. Can your Uncle sue you for damages

Yes

No

Yes.If you use someone's car to save their life and bang the car up, you have to pay for the car's damages.

Explanation

Yes.If you use someone's car to save their life and bang the car up, you have to pay for the car's damages.

55. Your state has a anti-marijuana statue. Your buddy comes to your house and smokes a joint, and leaves the burning bud on your couch. Your apartment burns down. Is this negigence per se?

Yes

No

No.Because the statute was meant to keep people from smoking, not intended to protect people from fires resulting from marijuna use.

Explanation

No.Because the statute was meant to keep people from smoking, not intended to protect people from fires resulting from marijuna use.

56. It is hunting season again, you've put notice on the coal mine to warn trespassers of the danger of that mine. However, you fail to make notice of a quicksand pit 50 yds pass the mine. A hunter gets trapped in quicksand and is severely injured. Have you breached your duty?

Yes

No

No. The owner/possessor only has to make known to anticipated trespassers the existence of man made or artificial dangerous conditions on the land not naturally occurring ones.

Explanation

No. The owner/possessor only has to make known to anticipated trespassers the existence of man made or artificial dangerous conditions on the land not naturally occurring ones.

57. A defendant doesn't have to do anything in order to win a case.

True

False

In a legal case, the burden of proof lies with the prosecution, not the defendant. This means that it is up to the prosecution to present evidence and convince the court of the defendant's guilt. The defendant is not required to prove their innocence or provide any evidence. Therefore, it is possible for a defendant to win a case without taking any action or presenting any evidence. This makes the statement "A defendant doesn't have to do anything in order to win a case" true.

Explanation

In a legal case, the burden of proof lies with the prosecution, not the defendant. This means that it is up to the prosecution to present evidence and convince the court of the defendant's guilt. The defendant is not required to prove their innocence or provide any evidence. Therefore, it is possible for a defendant to win a case without taking any action or presenting any evidence. This makes the statement "A defendant doesn't have to do anything in order to win a case" true.

58. You loan your lawnmower to you friend so that they can mow their lawn. What standard of care is expected of the bailee to exert when using your lawn mower?

High standard of care

Low standard of care

Ordinary standard of care

Answer is A. When bailment is in sole benefit of the bailee the standard of care is higher.

Explanation

Answer is A. When bailment is in sole benefit of the bailee the standard of care is higher.

59. If you loan your lawnmower to your friend so that they can mow your lawn, what standard of care must the bailee exert when using your lawn mower?

Higher standard of care

Low standard of care

Ordinary standard of care

Answer is B. When bailment is for the sole benefit of the bailor, a lower standard of care is expected.

Explanation

Answer is B. When bailment is for the sole benefit of the bailor, a lower standard of care is expected.

Submit

61. In order to establish intent in a torts case, the plaintiff must prove that the defendant had (a) __ to cause the consequences of his act, or (b) _ that the consequences are certain to result from it.

Intent; believes

Motive; believes

Did not intend to; does not believe

Desire; believes

Answer D is the correct answer.

Explanation

Answer D is the correct answer.

62. (Please separate your answer with a comma.) The five elements of battery are a_, i_, c_,t, h or o_____.

act, intent, causation, touching, harmful, offensive

Explanation

act, intent, causation, touching, harmful, offensive

Submit

63. (Please separate answers with a comma.) The five elements of IIED are a, i_ or r__, e and o_ conduct, c____, s_ e d_.

act, intent, recklessness, extreme, outrageous, causation, severe, emotional, distress

Explanation

act, intent, recklessness, extreme, outrageous, causation, severe, emotional, distress

Submit

64. (Please separate answers with a comma.) The six elements of false imprisonment are a, i_, c__, c, b_ a_, a____ or h.

act, intent, causation, confinement, bounded area, awareness, harm

Explanation

act, intent, causation, confinement, bounded area, awareness, harm

Submit

65. (Please separate answers with comma.) The five elements of trespass to chattels are a, i_, c, i with r of p_, c__.

act, intent, causation, interference, right, possession, chattel

Explanation

act, intent, causation, interference, right, possession, chattel

Submit

66. (Please separate answers with a comma.) The five elements of trespass to land is a, i, c_, p i_, r_ p______.

The five elements of trespass to land are act, intent, causation, physical, invasion, and real property. In order for a trespass to occur, there must be a voluntary act committed by the trespasser, with the intent to enter or remain on another person's land without permission. This act must cause a physical invasion onto the landowner's property, which constitutes a violation of their rights to their real property.

Explanation

The five elements of trespass to land are act, intent, causation, physical, invasion, and real property. In order for a trespass to occur, there must be a voluntary act committed by the trespasser, with the intent to enter or remain on another person's land without permission. This act must cause a physical invasion onto the landowner's property, which constitutes a violation of their rights to their real property.

Submit

68. (Please separate answers with a comma.) The five elements of conversion are a, , i__, c_, s_________

The five elements of conversion are act, intent, interference, chattel, and substantiality. These elements are necessary to prove a claim of conversion, which is a civil tort that involves the wrongful exercise of control over another person's property. The act refers to the defendant's intentional exercise of control over the plaintiff's property. Intent refers to the defendant's knowledge that their actions will interfere with the plaintiff's rights. Interference refers to the defendant's actions causing a deprivation of the plaintiff's rights. Chattel refers to the plaintiff's personal property that has been converted. Substantiality refers to the significant interference or deprivation of the plaintiff's rights.

Explanation

The five elements of conversion are act, intent, interference, chattel, and substantiality. These elements are necessary to prove a claim of conversion, which is a civil tort that involves the wrongful exercise of control over another person's property. The act refers to the defendant's intentional exercise of control over the plaintiff's property. Intent refers to the defendant's knowledge that their actions will interfere with the plaintiff's rights. Interference refers to the defendant's actions causing a deprivation of the plaintiff's rights. Chattel refers to the plaintiff's personal property that has been converted. Substantiality refers to the significant interference or deprivation of the plaintiff's rights.

Submit

70. (Please separate answer with a comma.) The six elements of assault are a_, i, c_, a______, w_, i________.

act, intent, causation, apprehension, words, immediacy

Explanation

act, intent, causation, apprehension, words, immediacy

Submit

71. (Please separate your answer with a comma.) What are the four elements of torts?

The four elements of a general tort case is act, causation, damages, culpability

Explanation

The four elements of a general tort case is act, causation, damages, culpability

Submit

Torts Overview and Intentional Torts

2.

What first name or nickname would you like us to use?

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

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

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

5. 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?

6. 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?

7. 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?

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

9. 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?

10. 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

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

13. 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.

14. If the harm was intended the tort is considered ___________.

15. 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.

16. 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 ___________.

17. 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?

18. 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?

19. Children are not capable of committing intentional torts.

20. 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?

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

22. 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.

23. 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?

24. 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?

25. 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?

26. Using physical force is not a sufficient method of confinement.

28. 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?

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

31. 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?

32. 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?

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

34. 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.

35. 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?

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

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

38. Motive is usually irrelevant on the issue of liability.

39. 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?

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

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

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

44. 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.

45. The D must actually touch the victim to constitute battery.

46. 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?

47. 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

48. 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?

49. 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

50. 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, has D satisfied the apprehension aspect of assault?

51. In remedy of a ____________ after paying damages, the plaintiff retains property.

52. An intentional interference with plaintiff's chattel by physical contact or dispossession is known as _______ __ _______.

53. Russell Crowe walks up to Lindsay Lohan and pokes her because she has forgotten her lines again. Can Lindsay Lohan sue for battery?

54. Your uncle is dying if a heartache so you take his car to speed him to the hospital. In the process you accidentally run over a parking meter. Can your Uncle sue you for damages

55. Your state has a anti-marijuana statue. Your buddy comes to your house and smokes a joint, and leaves the burning bud on your couch. Your apartment burns down. Is this negigence per se?

56. It is hunting season again, you've put notice on the coal mine to warn trespassers of the danger of that mine. However, you fail to make notice of a quicksand pit 50 yds pass the mine. A hunter gets trapped in quicksand and is severely injured. Have you breached your duty?

57. A defendant doesn't have to do anything in order to win a case.

58. You loan your lawnmower to you friend so that they can mow their lawn. What standard of care is expected of the bailee to exert when using your lawn mower?

59. If you loan your lawnmower to your friend so that they can mow your lawn, what standard of care must the bailee exert when using your lawn mower?

60. A legal entitlement to sue someone is __ ________ ____ __________.

61. In order to establish intent in a torts case, the plaintiff must prove that the defendant had (a) ________ to cause the consequences of his act, or (b) _______ that the consequences are certain to result from it.

62. (Please separate your answer with a comma.) The five elements of battery are a___, i_______, c_____________,t__________, h________ or o___________.

63. (Please separate answers with a comma.) The five elements of IIED are a__, i_____ or r__________, e______ and o_________ conduct, c__________, s_____ e________ d_______.

64. (Please separate answers with a comma.) The six elements of false imprisonment are a____, i_______, c____________, c______________, b_________ a_____, a__________ or h____.

65. (Please separate answers with comma.) The five elements of trespass to chattels are a__, i_____, c________, i__________ with r____ of p_________, c______.

66. (Please separate answers with a comma.) The five elements of trespass to land is a____, i____, c_________, p______ i_____, r___ p______.

67. __________________ bailment is when the bailment benefits only the bailor.

68. (Please separate answers with a comma.) The five elements of conversion are a__, ______, i__________, c_______, s___________

69. An intentional physical invasion of a person's real property is known as ________ __ ____.

70. (Please separate answer with a comma.) The six elements of assault are a___, i____, c___________, a________________, w_____, i__________.

71. (Please separate your answer with a comma.) What are the four elements of torts?

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

33. If D intends to effect a b_ or a a____ intent has been established.

39.
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?

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

44. 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.

52. An intentional interference with plaintiff's chattel by physical contact or dispossession is known as _ ___.

60. A legal entitlement to sue someone is ____.

61. In order to establish intent in a torts case, the plaintiff must prove that the defendant had (a) __ to cause the consequences of his act, or (b) _ that the consequences are certain to result from it.

62. (Please separate your answer with a comma.) The five elements of battery are a_, i_, c_,t, h or o_____.

63. (Please separate answers with a comma.) The five elements of IIED are a, i_ or r__, e and o_ conduct, c____, s_ e d_.

64. (Please separate answers with a comma.) The six elements of false imprisonment are a, i_, c__, c, b_ a_, a____ or h.

65. (Please separate answers with comma.) The five elements of trespass to chattels are a, i_, c, i with r of p_, c__.

66. (Please separate answers with a comma.) The five elements of trespass to land is a, i, c_, p i_, r_ p______.

68. (Please separate answers with a comma.) The five elements of conversion are a, , i__, c_, s_________

69. An intentional physical invasion of a person's real property is known as __ .

70. (Please separate answer with a comma.) The six elements of assault are a_, i, c_, a______, w_, i________.