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

Battery covers both harmful and offensive contact; spitting on someone is widely considered offensive contact even without physical injury.

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

Confinement by threats can constitute false imprisonment if the threat is sufficient to overcome the plaintiff's will to leave, particularly when it involves imminent harm.

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

False imprisonment requires actual confinement; if the plaintiff could and did escape without unreasonable risk, there is no false imprisonment.

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

Courts apply an objective standard — whether the conduct exceeds all bounds of decency tolerated by a civilized society.

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

IIED can extend to a bystander plaintiff if the defendant knew of their presence and engaged in extreme and outrageous conduct.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Intentional Torts Against Persons 4