VA Bar Torts and Negligence 3 — Questions and Answers
Question 1: During an argument, Dan grabs Maria's arm and squeezes it tightly without her consent. Maria suffers no physical injury. Which intentional tort has Dan committed?
- Assault
- Battery (Correct answer)
- False imprisonment
- Intentional infliction of emotional distress
Correct answer: Battery
Battery is the intentional harmful or offensive contact with another person without consent; it does not require that physical injury result.
Question 2: Alex raises his fist at Beth while standing two feet away and says 'I'm going to punch you right now.' Beth reasonably fears an imminent strike. Alex never touches her. Which tort has Alex committed?
- Battery
- Assault (Correct answer)
- Intentional infliction of emotional distress
- False imprisonment
Correct answer: Assault
Assault is the intentional act that causes the victim to reasonably apprehend an imminent harmful or offensive contact; no actual touching is required.
Question 3: A security guard locks an employee in a break room for three hours during an investigation. The employee is not told she can leave; she is unaware the back door is unlocked. Has false imprisonment occurred?
- No, because the employee was in a private staff area, not a public space
- Yes, because she was confined without consent and was unaware of any reasonable means of escape (Correct answer)
- No, because the guard had legitimate investigatory authority
- Yes, but only if the confinement was unreasonable in duration
Correct answer: Yes, because she was confined without consent and was unaware of any reasonable means of escape
False imprisonment requires intentional confinement without consent; a means of escape unknown to the plaintiff does not negate the confinement.
Question 4: A debt collector calls a debtor daily for three months using profanity, threatens physical harm, and publicly discloses the debt to neighbors. The debtor suffers severe anxiety and insomnia. Which tort claim is most appropriate?
- Negligent infliction of emotional distress
- Intentional infliction of emotional distress (Correct answer)
- Defamation per se
- Invasion of privacy by public disclosure
Correct answer: Intentional infliction of emotional distress
IIED requires extreme and outrageous conduct intentionally or recklessly causing severe emotional distress; persistent threats, profanity, and public shaming satisfy the outrageous conduct threshold.
Question 5: A company stores large quantities of explosives near a residential neighborhood and follows all safety protocols. An explosion injures a neighbor. Under the Restatement approach applied in Virginia, what theory best supports recovery?
- Negligence per se based on proximity to residences
- Strict liability for abnormally dangerous activities (Correct answer)
- Private nuisance requiring proof of unreasonable use
- Products liability based on a manufacturing defect in the explosives
Correct answer: Strict liability for abnormally dangerous activities
Storing explosives is a paradigmatic abnormally dangerous activity that imposes strict liability under Restatement § 520 regardless of the care exercised.
Question 6: Due to a production-line error, the blade on a single blender unit is attached incorrectly and flies off during normal use, injuring the buyer. The rest of the product line is unaffected. What products liability theory applies?
- Design defect because the blade attachment is inherently unsafe
- Manufacturing defect because one unit deviated from the intended design (Correct answer)
- Failure to warn because instructions did not describe this risk
- Breach of express warranty only
Correct answer: Manufacturing defect because one unit deviated from the intended design
A manufacturing defect occurs when a specific unit deviates from the intended design and is therefore more dangerous than contemplated.
Question 7: A pharmaceutical company markets a drug carrying an undisclosed 1% risk of liver failure and does not warn prescribing physicians of this risk. A patient suffers liver failure. Which products liability theory is most applicable?
- Manufacturing defect because the drug was improperly formulated
- Design defect under the risk-utility test
- Failure to warn because a known material risk was not communicated (Correct answer)
- Breach of implied warranty of merchantability
Correct answer: Failure to warn because a known material risk was not communicated
Failure to warn applies when a manufacturer does not provide adequate warnings about a known material risk that physicians or users need to make informed decisions.
VA Bar Torts and Negligence 3
During an argument, Dan grabs Maria's arm and squeezes it tightly without her consent.
Maria suffers no physical injury.
Which intentional tort has Dan committed?