FYLSX Intentional Torts Against Persons 5

Question 1

A man puts his arm around a woman's shoulders without her permission at a party. She is offended but not harmed. Which tort, if any, has been committed?

Accepted Answer

Battery, because it was offensive contact without consent

Answer

Battery encompasses offensive contact without consent even if not harmful; unconsented touching that a reasonable person would find offensive qualifies.

Question 2

A plaintiff suffers only nominal emotional discomfort — not severe distress — after a defendant's harassing phone calls. Can she recover for IIED?

Accepted Answer

No, because IIED requires severe emotional distress as an element

Answer

Severe emotional distress is a required element of IIED; nominal discomfort or embarrassment does not meet this threshold.

Question 3

A defendant intends to commit false imprisonment against Person A but accidentally confines Person B in the same room. Under transferred intent, is the defendant liable for false imprisonment of Person B?

Accepted Answer

Yes, because transferred intent applies to false imprisonment as one of the five recognized torts

Answer

Transferred intent applies to five torts: assault, battery, false imprisonment, trespass to land, and trespass to chattels.

Question 4

A defendant threatens to release embarrassing photographs unless the plaintiff remains at the defendant's home. The plaintiff stays for hours out of fear of reputational harm. Is this false imprisonment?

Accepted Answer

Yes, because confinement by duress through threats can constitute false imprisonment

Answer

False imprisonment can be accomplished by threats of harm — including reputational harm — sufficient to overcome a reasonable person's will to leave.

Question 5

A defendant, while playing a prank, removes the wheelchair of a disabled plaintiff, preventing her from leaving a room. She is aware of the confinement. Which elements of false imprisonment are clearly satisfied?

Accepted Answer

Intent to confine and actual confinement with awareness

Answer

False imprisonment requires intent to confine, actual confinement, and the plaintiff's awareness of or harm from the confinement — all present here.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Intentional Torts Against Persons 5