IA Bar Torts 2

Question 1

Battery is best defined as:

Accepted Answer

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

Answer

An intentional act causing apprehension of imminent harmful or offensive contact

Answer

Negligent physical contact that causes bodily injury to another

Answer

Any unconsented touching regardless of the defendant's mental state

Question 2

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

Accepted Answer

Extreme and outrageous, intentionally or recklessly causing severe emotional distress

Answer

Negligent and foreseeably likely to cause emotional harm

Answer

Any intentional act that caused the plaintiff to feel upset or offended

Answer

Directed at the plaintiff with actual malice and ill will

Question 3

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

Accepted Answer

The plaintiff voluntarily and knowingly consented to the contact

Answer

The defendant did not know the plaintiff would be seriously harmed

Answer

The contact was negligently rather than intentionally inflicted

Answer

The contact caused only minor or trivial harm to the plaintiff

Question 4

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

Accepted Answer

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

Answer

The seller acted negligently in manufacturing or designing the product

Answer

The seller had actual knowledge that the product was dangerous before sale

Answer

The product failed to meet consumer expectations test only

Question 5

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

Accepted Answer

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

Answer

The activity is illegal under state or federal law

Answer

The defendant engages in an activity that is uncommon or unusual in the region

Answer

The activity is conducted without proper government licensing or permits

Question 6

Conversion, as a tort, requires:

Accepted Answer

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

Answer

A minor or temporary interference with the plaintiff's personal property

Answer

Any unauthorized touching or use of another's personal property

Answer

Theft of property with the specific intent to permanently deprive the owner

Question 7

False imprisonment requires proof of:

Accepted Answer

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

Answer

Physical confinement using locks or physical barriers only

Answer

Confinement for a minimum statutory period of time

Answer

The use of actual physical force to restrain the plaintiff's movement