FYLSX Intentional Torts Against Persons 2

Question 1

Dana grabs Paul's arm to prevent him from walking into traffic, holding him for 30 seconds against his will. Paul sues for false imprisonment. What is Dana's strongest defense?

Accepted Answer

Necessity

Answer

Consent

Answer

Self-defense

Answer

The restraint was too brief to constitute imprisonment

Question 2

An actor throws fake punches at another actor on stage as part of a scripted fight. The other actor, who agreed to the scene, is unexpectedly hit. Which defense most likely applies?

Accepted Answer

Consent

Answer

Self-defense

Answer

Necessity

Answer

Assumption of risk only applies in negligence

Question 3

A debt collector calls a debtor 20 times a day for three weeks, threatening false legal consequences. The debtor suffers severe anxiety. What tort best fits?

Accepted Answer

Intentional infliction of emotional distress

Answer

Assault

Answer

False imprisonment

Answer

Defamation

Question 4

Tom points a gun at Jerry and pulls the trigger. The gun misfires. Jerry, unaware the trigger was pulled, was looking away the entire time. Can Jerry recover for assault?

Accepted Answer

No, because Jerry had no apprehension of imminent contact

Answer

Yes, because Tom intended to cause harm

Answer

Yes, because Tom committed an attempted battery

Answer

No, because the gun did not fire

Question 5

A surgeon performs an appendectomy on an unconscious patient who previously signed consent only for a gallbladder removal. The appendix was inflamed and was removed to save the patient's life. Is the surgeon liable for battery?

Accepted Answer

No, because emergency necessity extends the scope of consent

Answer

Yes, because the patient only consented to the gallbladder procedure

Answer

Yes, because the surgeon should have waited for new consent

Answer

No, because medical professionals are always immune

Question 6

Which element distinguishes transferred intent from direct intent in tort law?

Accepted Answer

Intent can transfer from the intended victim to an unintended victim or between certain torts

Answer

The defendant must intend to harm a specific plaintiff

Answer

The defendant's motive must be malicious

Answer

The plaintiff must be a foreseeable victim

Question 7

A security guard locks a store for the night without checking the back room, trapping a customer who had fallen asleep. The guard had no knowledge of the customer. Is the guard liable for false imprisonment?

Accepted Answer

No, because false imprisonment requires intent to confine the plaintiff

Answer

Yes, because the customer was actually confined

Answer

Yes, because the guard was negligent

Answer

No, because the customer assumed the risk of falling asleep in a store