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

Necessity (or privilege) applies when the defendant acts to protect the plaintiff or others from harm, even without consent.

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

Consent is a complete defense to battery when the plaintiff agreed to the contact that caused harm.

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

IIED requires extreme and outrageous conduct, intent, and severe emotional distress — repeated harassing calls with false threats can satisfy all elements.

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

Assault requires that the plaintiff actually experienced apprehension of imminent harmful or offensive contact; if Jerry was unaware, there is no assault.

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

Courts recognize implied emergency consent when additional surgery is immediately necessary to preserve life and the patient cannot consent.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Intentional Torts Against Persons 2