UT Bar Torts and Negligence 3

Question 1

A prankster shoves a chair out from under a coworker as she sits down, intending only a joke, but she fractures her tailbone. Which intentional tort has the prankster committed?

Accepted Answer

Battery

Answer

Battery requires intent to cause a harmful or offensive contact, and intent to joke does not negate intent to cause the contact that resulted.

Question 2

A defendant swings a bat at the plaintiff's head but misses entirely; the plaintiff saw the swing coming. Which tort claim is strongest?

Accepted Answer

Assault

Answer

Assault protects against reasonable apprehension of imminent harmful or offensive contact, and no actual contact is required.

Question 3

A store detective locks a suspected shoplifter in a windowless office for six hours without evidence or calling police. The best claim against the store is what?

Accepted Answer

False imprisonment

Answer

False imprisonment is intentional confinement within fixed boundaries without lawful privilege, and a six-hour detention exceeds any reasonable shopkeeper's privilege.

Question 4

A homeowner sets a spring gun to protect an unoccupied vacation cabin, and it seriously wounds a burglar. Why is the homeowner liable?

Accepted Answer

Deadly force cannot be used solely to protect property

Answer

Deadly mechanical devices may not be used to defend property alone because deadly force is permitted only to protect human life.

Question 5

A blaster uses dynamite with all possible care, yet debris damages a neighbor's roof. The neighbor's best theory of recovery is what?

Accepted Answer

Strict liability for abnormally dangerous activities

Answer

Blasting is a classic abnormally dangerous activity, so liability attaches regardless of the care exercised.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Torts and Negligence 3