Question 1

You see a house on fire and break down the door to see if anyone needs to be rescued.If the owner of the house sues you for the value of the door,you have a defense called privilege.

Accepted Answer

This is a case of necessity where breaking down the door was necessary to save lives and property. The defense of privilege protects the person from liability in these situations.

Question 2

A group of workers applied for work at a company looking to hire workers.They were locked in an enclosure and the police were called to report that they were trespassing.The workers could not sue for false imprisonment because the property owner was defending company property.

Accepted Answer

This scenario describes a situation of intentional tort, specifically false imprisonment, where someone is unlawfully detained against their will. In this case, the workers were locked in an enclosure and unable to leave. The fact that the property owner was defending company property does not provide a legal defense for false imprisonment. The workers in this situation would have the right to pursue legal action against the property owner for their actions.

Question 3

The owner of a store sees someone reaching in to steal cash from a cash register while no one is near it.The store owner shoots the thief.The thief sues in tort for the injuries intentionally inflicted on him.The owner has a defense that protects him from liability.

Accepted Answer

The use of lethal force against a nonviolent thief is not considered justifiable and would likely not be protected by a defense such as self-defense or defense of others. The store owner could potentially face criminal charges and civil liability for the intentional harm caused to the thief.

Question 4

To badger someone late at night with many threatening phone calls could lead to the tort of emotional distress.

Accepted Answer

This behavior could qualify as intentional infliction of emotional distress, which is a type of tort.

Question 5

In Forgie-Buccioni v.Hannaford Brothers,where Forgie-Buccioni was detained in a
grocery store's security room after being accused of not paying for cold medicine,the appeals court held that false imprisonment did occur.

Accepted Answer

The statement accurately reflects the holding of the case Forgie-Buccioni v. Hannaford Brothers.

Question 6

In Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a miscarriage after she was told she would be fired if she did not move to another city for her employer,the appeals court held she could sue the employer for mental distress.

Accepted Answer

The answer of In Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a...

Question 7

Because theft is such a large problem most state legislatures allow stores to hold anyone for suspected shoplifting without threat of tort suit.

Accepted Answer

Most state legislatures have enacted statutes that allow stores to detain suspected shoplifters for a reasonable period for investigation, but these statutes typically require that the detention be conducted in a reasonable manner to avoid liability for false imprisonment or other torts.

Question 8

Infliction of emotional distress is involuntary conduct by a person that causes an outrageous effect on another.

Accepted Answer

Infliction of emotional distress is typically considered intentional or reckless conduct that is extreme and outrageous, causing severe emotional distress to another person.

Question 9

If you get into a fight and suffer injuries,the person who fought with you probably must pay for your injuries because it is battery.

Accepted Answer

The answer of If you get into a fight and...

Question 10

When an assault occurs,a battery also occurs.

Accepted Answer

Assault and battery are related but distinct crimes. Assault is the act of threatening or attempting to harm someone, creating a fear of imminent harm, while battery involves actual physical contact or harm. It's possible to commit an assault without a battery if no physical contact occurs.

Question 11

In general,if store personnel believe someone may have shoplifted,they have the right to detain the person for a short while and not be liable for false imprisonment.

Accepted Answer

This is referred to as the "Shopkeeper's Privilege" and is recognized in many states as a legal right for store personnel to detain suspected shoplifters for a reasonable amount of time while they investigate the situation. However, there are certain guidelines that must be followed, such as having a reasonable belief that a theft has occurred and using minimal force. If these guidelines are not followed, the store personnel could be liable for false imprisonment.

Question 12

In Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a miscarriage after she was told she would be fired if she did not move to another city for her employer,the appeals court held she had no case for emotional distress as there was no outrageous conduct involved.

Accepted Answer

The appeals court found that the employer's actions did not meet the legal standard for "outrageous conduct" necessary to support a claim for intentional infliction of emotional distress.

Question 13

In Forgie-Buccioni v.Hannaford Brothers,where Forgie-Buccioni was detained in a
grocery store's security room after being accused of not paying for cold medicine,the appeals court held that false imprisonment did not occur because the store manager had reason to suspect theft.

Accepted Answer

The appeals court held that false imprisonment did occur because the detention was not justified, as the store manager's suspicion was not reasonable.

Question 14

In Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a miscarriage after she was told she would be fired if she did not move to another city for her employer,the appeals court held she could sue the employer for mental distress because her expert witness testified that the miscarriage was likely triggered by the work issue.

Accepted Answer

The answer of In Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a...

Question 15

In most courts the tort of emotional distress requires evidence of physical injury to the victim.

Accepted Answer

The tort of emotional distress can be established without physical injury in some jurisdictions, but it may require a higher standard of proof.

Question 16

For the tort of false imprisonment there must be physical restraint of the victim.

Accepted Answer

False imprisonment may also occur through the use of threats, intimidation, or coercion that make the victim believe they cannot leave. It does not necessarily require physical restraint.

Question 17

A group of workers applied for work at a company looking to hire workers.They were locked in an enclosure and the police were called to report trespassing.The workers could sue for false imprisonment as they had good reason to be on company property.

Accepted Answer

The workers had a legitimate reason to be on the company property, so their confinement in the enclosure could be considered false imprisonment.

Question 18

A robber holds up a store with a gun.The store owner shoots the robber in the leg.The robber sues in tort for the injuries intentionally inflicted on him.The owner has a defense that protects him from liability.

Accepted Answer

The owner has a defense of self-defense which allows him to use reasonable force to defend himself and his property. Therefore, he would not be liable for the injuries inflicted on the robber as it was a necessary and proportionate response to the threat posed by the robber.

Question 19

You are the goalie of a college ice hockey team.If your jaw is broken by an opponent who accidentally hits your face with his stick you probably have a good suit for battery.

Accepted Answer

The opponent did not intend to harm the goalie and the incident was accidental, therefore it is not considered battery.

Question 20

The only defense to battery is privilege.

Accepted Answer

The defense to battery can also include self-defense, defense of others, and consent.

Quiz 6: Elements of Torts