Deck 3: Intentional Torts

Question 1

Consent cannot be used as a defense unless the plaintiff had the to give consent and gave the consent .

Answer 1

capacity, voluntarily

Question 2

A plaintiff must believe that the defendant had the ability to carry out a threatened contact to recover for assault.

Answer 2

True

Question 3

A plaintiff must be aware of a battery but need not have any awareness of an assault in order to recover.

Answer 3

False

Question 4

A police officer can be held liable for false imprisonment if the police officer unlawfully arrests someone even if he or she does so in good faith.

Question 5

To be held liable for battery, the defendant must make physical contact with the body of the plaintiff.

Question 6

The tort of infliction of mental distress can be committed either intentionally or recklessly.

Question 7

Confinement by means of physical force is required to recover for false imprisonment.

Question 8

A defendant who commits a battery is liable only for those damages that are foreseeable.

Question 9

If Roberta arrests Frank without probable cause, Frank could sue Roberta for . If Frank wanted to sue her for infliction of mental distress, he would have to prove her conduct was and in some states he would have to prove that he suffered _.

Question 10

Words alone can never constitute an assault.

Question 11

Under the majority position, a defendant who is mistaken about another's need for his or her assistance will not be liable for using force if .

Question 12

A plaintiff need not be fearful that he or she will be harmed to recover for assault.

Question 13

If an individual uses force to regain possession of chattels, he or she must be able to prove that and that .

Question 14

A plaintiff must suffer pain or bodily harm to recover for battery.

Question 15

Some intentional torts are crimes as well.

Question 16

A defendant can use deadly force to defend his or her home when he or she believes _, and that _.

Question 17

If Bob threatens to have his dog attack Sharon, he commits the tort of . According to the doctrine he will be liable for if the dog misunderstands and attacks Sharon instead. If he fires a gun and a bullet goes across Sharon's land, he commits the tort of , but if the bullet hits the window in Sharon's barn he commits the tort of . If the bullet hits the hay in Sharon's barn causing it to catch fire and burn down the barn, he commits the tort of .

Question 18

A property owner who uses a mechanical device for protection will not be liable if . If the owner uses a nondeadly mechanical device, the owner must first _.

Question 19

Threats of future harm are sufficient to constitute an assault.

Question 20

To be held liable for an intentional tort, the defendant must be shown to have intended to harm the plaintiff.

Question 21

Some courts require a plaintiff to suffer physical harm before being allowed to recover for infliction of mental distress.

Question 22

A defendant is not liable for trespass if his or her contact with the defendant's land is the result of a reasonable mistake.

Question 23

For purposes of trespass to chattels, title is deemed to have transferred from the plaintiff to the defendant.

Question 24

Plaintiffs who sue for trespass to land or trespass to chattels must prove actual harm.

Question 25

A defendant must actually be harmed to claim self-defense.

Question 26

A defendant can use force only in response to imminent threats.

Question 27

Consent cannot be given if the plaintiff is mistaken about some material fact.

Question 28

The transferred intent doctrine is generally applicable in cases of false imprisonment and infliction of mental distress.

Question 29

Conversion suits are never allowed for intangible rights, such as stock certificates and promissory notes.

Question 30

A defendant will be liable if he or she invades the plaintiff's interest in a way that substantially deviates from that consented to.

Question 31

Only owners of property can recover for trespass to chattels or conversion.

Question 32

The peculiar characteristics of the plaintiff are never taken into consideration when evaluating the defendant's conduct for purposes of liability for infliction of mental distress.

Question 33

People may not use force to defend their homes unless the person threatening them is inside the home.

Question 34

Consent can be inferred from custom or from a person's conduct.

Question 35

The length of deprivation is irrelevant for purposes of recovering for trespass to chattels.

Question 36

To be held liable for the tort of infliction of mental distress, the defendant's conduct must be considered intolerable in any civilized society.

Question 37

A conversion can be committed by transferring chattel to someone not entitled to such chattel.

Question 38

A defendant who commits a trespass to land is liable only for those damages that are foreseeable.

Question 39

Common carriers and public utilities are held to a lower standard of care than the rest of the populace in infliction of mental distress cases.

Question 40

An indirect invasion of land is sufficient to prove trespass to land, but an invasion of the airspace above land is not considered a trespass.

Question 41

What intent is required for the tort of trespass to land?

Question 42

The classic case of Katko v. Briney illustrates the principle that mechanical devices are generally allowed to defend property.

Question 43

One must retreat before using deadly force inside one's home.

Question 44

The majority of American courts permit landlords to use force to evict their tenants.

Question 45

Force can be used to defend another so long as the person using the force reasonably believes it is necessary.

Question 46

A property owner may never use deadly force to protect property.

Question 47

A property owner must be in "fresh pursuit" to use force to regain possession of chattels.

Question 48

Give an example of an application of the transferred intent doctrine.

Question 49

If the defendant causes no substantial harm to the plaintiff's property, the privilege of private necessity is a complete defense.

Question 50

If a defendant claims the privilege of public necessity, the defendant does not have to pay for damages caused to the plaintiff.

Question 51

In what way does the issue of false imprisonment arise in cases of suspected shoplifting?

Question 52

What is the difference between trespass to chattels and conversion?

Question 53

What are two elements of infliction of mental distress?

Question 54

What is the difference between an assault and a battery?

Question 55

Any mistake made on the part of the property owner will cause the property owner to lose the right to use force to regain possession of chattels.

Question 56

Under what conditions can an individual use force to defend him- or herself?

Question 57

To claim the privilege of necessity, the defendant must be in severe danger.

Question 58

How much force may an individual use to defend him- or herself?

Question 59

Name two requirements that must be met in order for consent to be a defense.

Question 60

Deadly force can be used to prevent certain types of felonies.

Question 61

What is the difference in consequences to a defendant in claiming private necessity as opposed to public necessity?

Question 62

What are two things an individual must show if he or she claims the right to use force to regain possession of chattels?

Question 63

In what circumstances might a defendant be held liable for using force to defend another, even if the amount of force used is reasonable?

Question 64

What is the general rule regarding the use of mechanical devices to defend property?

Question 65

Is a person required to retreat before using deadly force to defend oneself in the home?