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Torts Flashcards

7 cards from real IA BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Torts flashcards as text

  1. Battery is best defined as:

    Answer: An intentional act causing harmful or offensive contact with another's person

    Battery is an intentional act that causes harmful or offensive contact with the plaintiff's person; the defendant must intend the contact or know it is substantially certain to result.

  2. To establish intentional infliction of emotional distress (IIED), a plaintiff must show the defendant's conduct was:

    Answer: Extreme and outrageous, intentionally or recklessly causing severe emotional distress

    IIED requires extreme and outrageous conduct (beyond all bounds of decency tolerated by a civilized society), done intentionally or recklessly, causing severe emotional distress to the plaintiff.

  3. Which of the following is a complete defense to a battery claim?

    Answer: The plaintiff voluntarily and knowingly consented to the contact

    Consent is a complete defense to battery if the plaintiff voluntarily and knowingly consented to the contact within the scope of the consent given.

  4. Under strict products liability (Restatement Second § 402A), a commercial seller is liable when:

    Answer: The product was sold in a defective condition unreasonably dangerous to the user

    Under Restatement Second § 402A, a seller of a product in a defective condition unreasonably dangerous to the user is liable for physical harm caused to the ultimate user, regardless of negligence or privity.

  5. Strict liability for 'abnormally dangerous activities' is imposed when:

    Answer: The activity involves a high risk of serious harm that cannot be eliminated by reasonable care and is not common to the area

    Strict liability for abnormally dangerous activities applies when the activity involves a high degree of risk of serious harm that cannot be eliminated by reasonable care, and the activity is not a matter of common usage in the locality.

  6. Conversion, as a tort, requires:

    Answer: A serious intentional interference with plaintiff's chattel that substantially deprives them of it

    Conversion requires an intentional act that so seriously interferes with plaintiff's chattel that the defendant is justly required to pay its full value; the interference must be substantial, not trivial.

  7. False imprisonment requires proof of:

    Answer: Intentional confinement of the plaintiff within fixed boundaries of which the plaintiff is aware

    False imprisonment is the intentional confinement of a person within fixed boundaries without consent, through any means (threats, physical force, or failure to provide a means of escape), of which the plaintiff is consciously aware.