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

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?

Accepted Answer

Assault

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Intentional infliction of emotional distress

Answer

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?

Accepted Answer

Strict liability for abnormally dangerous activities

Answer

Storing explosives is a paradigmatic abnormally dangerous activity that imposes strict liability under Restatement § 520 regardless of the care exercised.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Torts and Negligence 3