VA Bar Torts and Negligence 3

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?

Accepted Answer

Battery

Answer

Assault

Answer

False imprisonment

Answer

Intentional infliction of emotional distress

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?

Accepted Answer

Assault

Answer

Battery

Answer

Intentional infliction of emotional distress

Answer

False imprisonment

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?

Accepted Answer

Yes, because she was confined without consent and was unaware of any reasonable means of escape

Answer

No, because the employee was in a private staff area, not a public space

Answer

No, because the guard had legitimate investigatory authority

Answer

Yes, but only if the confinement was unreasonable in duration

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?

Accepted Answer

Intentional infliction of emotional distress

Answer

Negligent infliction of emotional distress

Answer

Defamation per se

Answer

Invasion of privacy by public disclosure

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?

Accepted Answer

Strict liability for abnormally dangerous activities

Answer

Negligence per se based on proximity to residences

Answer

Private nuisance requiring proof of unreasonable use

Answer

Products liability based on a manufacturing defect in the explosives

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?

Accepted Answer

Manufacturing defect because one unit deviated from the intended design

Answer

Design defect because the blade attachment is inherently unsafe

Answer

Failure to warn because instructions did not describe this risk

Answer

Breach of express warranty only

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?

Accepted Answer

Failure to warn because a known material risk was not communicated

Answer

Manufacturing defect because the drug was improperly formulated

Answer

Design defect under the risk-utility test

Answer

Breach of implied warranty of merchantability