FYLSX Intentional Torts Against Persons 4

Question 1

A defendant spits on the plaintiff during an argument. The plaintiff was not physically harmed. Can the plaintiff recover for battery?

Accepted Answer

Yes, because spitting constitutes offensive contact

Answer

No, because no physical injury occurred

Answer

No, because saliva is not a harmful substance

Answer

Yes, but only if the plaintiff suffered emotional distress

Question 2

A plaintiff is told by a supervisor 'If you report this incident, you will never work in this industry again.' The plaintiff feels unable to leave the room. What is the most significant factor in determining whether false imprisonment occurred?

Accepted Answer

Whether the plaintiff's will to leave was actually overcome by a threat of imminent harm

Answer

Whether the threat was about physical harm

Answer

Whether the room had a locked door

Answer

Whether the supervisor had authority to follow through on the threat

Question 3

A defendant grabs the plaintiff's jacket sleeve to stop him from leaving. The plaintiff slips out of the jacket and walks away freely. Is there false imprisonment?

Accepted Answer

No, because the plaintiff was not actually confined

Answer

Yes, because the defendant physically restrained the plaintiff

Answer

No, because the plaintiff had a reasonable means of escape and used it

Answer

Yes, because intent to confine is sufficient

Question 4

Under IIED, which standard is used to determine whether the defendant's conduct was 'extreme and outrageous'?

Accepted Answer

The objective standard of what a reasonable person would find intolerable in a civilized society

Answer

The subjective standard of the plaintiff's sensitivity

Answer

The defendant's intent to cause distress

Answer

The severity of the plaintiff's resulting distress

Question 5

A defendant, angry at a neighbor, fires a gun into the air near the neighbor's child. The child suffers severe emotional distress. The defendant did not intend to distress the child. Can the child recover for IIED?

Accepted Answer

Yes, if the defendant knew the child was present and the conduct was extreme and outrageous

Answer

No, because the defendant's conduct was directed at the neighbor

Answer

No, because transferred intent does not apply to IIED

Answer

Yes, only if the child witnessed physical harm to the neighbor

Question 6

Which of the following best illustrates the difference between assault and battery?

Accepted Answer

Assault is the apprehension of contact; battery is the actual harmful or offensive contact

Answer

Assault requires a weapon; battery does not

Answer

Assault is criminal; battery is civil only

Answer

Assault requires injury; battery requires only intent

Question 7

A plaintiff consents to a boxing match. During the match, his opponent punches him in the kidney in a manner legal under boxing rules. The plaintiff suffers internal injuries. Can the plaintiff recover for battery?

Accepted Answer

No, because consent to a boxing match includes consent to contact within the rules

Answer

Yes, because the injuries were severe

Answer

Yes, because the defendant intended injury

Answer

No, because professional sports participants cannot sue for battery