IN Bar Torts and Negligence 3

Question 1

A defendant swings a bat at the plaintiff intending only to scare him, but accidentally makes contact. In a battery action, the intent element is satisfied because:

Accepted Answer

Intent to cause apprehension transfers to the resulting harmful contact

Answer

Under transferred intent, intent to commit an assault suffices for battery when harmful or offensive contact actually results.

Question 2

A department store detains a suspected shoplifter for 20 minutes in a back office while checking receipts. The store's best defense to false imprisonment is:

Accepted Answer

The shopkeeper's privilege to detain for a reasonable time in a reasonable manner on reasonable suspicion

Answer

The shopkeeper's privilege permits a merchant to detain a suspected shoplifter reasonably in time, manner, and basis.

Question 3

Under Indiana law, punitive damages in a tort case must be proven by:

Accepted Answer

Clear and convincing evidence

Answer

Indiana statutorily requires clear and convincing evidence to support an award of punitive damages.

Question 4

A blasting company uses dynamite near a residential area, and vibrations crack a neighbor's foundation despite all possible precautions. The neighbor's strongest claim is:

Accepted Answer

Strict liability for an abnormally dangerous activity

Answer

Blasting is a classic abnormally dangerous activity, imposing strict liability regardless of the care exercised.

Question 5

A statute requires drivers to stop for school buses loading children. A driver violates the statute and injures a child exiting the bus. In a negligence per se analysis, the violation matters because the child is:

Accepted Answer

Within the class the statute protects and suffered the type of harm it was designed to prevent

Answer

Negligence per se applies when the plaintiff is in the protected class and the harm is the type the statute aims to prevent.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Torts and Negligence 3