Question 1

To commit an intentional tort, the person who committed the act must have known or should have known that bad results could happen.

Accepted Answer

This is because intentional torts require that the person who committed the act knew or should have known that their actions could cause harm to another person. This is different from negligence, which only requires that the person's actions were careless or reckless and a reasonable person would have foreseen the harm that could result.

Question 2

If someone comes up behind you and hits you on the head with a brick, you would sue them for the intentional tort of assault.

Accepted Answer

The intentional tort in this scenario would actually be battery, not assault. Assault involves the threat of imminent harm, while battery involves the actual physical contact and harm.

Question 3

A battery is an unlawful physical contact without consent.

Accepted Answer

This is the legal definition of battery, which involves intentional and unwanted physical contact with someone else's body.

Question 4

If a person was playing a trick that went very wrong, there could not be an intentional tort, because no injury was anticipated.

Accepted Answer

Just because the person did not anticipate injury does not mean that an intentional tort did not occur. Intentional torts can still occur even if the person did not intend to cause harm, as long as their actions were intentional or reckless and resulted in harm to another person.

Question 5

Assault and battery are examples of intentional interference with protected personal rights.

Accepted Answer

Assault and battery both involve intentionally interfering with someone's protected personal rights, such as their right to bodily integrity and freedom from physical harm.

Question 6

For there to be an intentional tort, the person who commits the tort must be shown to have the motive of malice.

Accepted Answer

Intentional torts do not require the motive of malice. They only require that the person intended to perform the action that resulted in the harm. Malice may be relevant in some intentional torts such as defamation, but it is not a requirement for all intentional torts.

Question 7

In an intentional tort, the person who committed the tort must have wanted the result to occur that did, in fact, happen.

Accepted Answer

In an intentional tort, it is not necessary that the person wanted the result to occur, only that they intended the act that led to the injury or damage. Intent to cause harm is not always required.

Question 8

If someone calls you from a city in another part of the country and tells you they want to strangle you, there has probably been an assault.

Accepted Answer

While the threat of violence is serious and should be taken seriously, a verbal threat alone does not necessarily indicate an assault has occurred.

Question 9

To prove intent for an intentional tort, the plaintiff must show willful misconduct by the defendant.

Accepted Answer

To prove intent for an intentional tort, the plaintiff must show that the defendant acted purposefully, with knowledge that their actions could cause harm, or with reckless disregard for the safety of others. This requires a showing of willful misconduct or deliberate action on the part of the defendant.

Question 10

For a person to be found liable for an intentional tort the jury must find that there was a careless act that led to the harm.

Accepted Answer

This statement is incorrect. To be found liable for an intentional tort, the person must have intended to cause the harm, not merely acted carelessly.

Question 11

Assault is intentional conduct that places a person in fear of immediate harm, but it need not actually involve personal harm.

Accepted Answer

This is the legal definition of assault, which includes the element of causing fear of immediate harm, but does not necessarily require actual physical harm to occur.

Question 12

In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals court held that the police may be liable for a battery for pretending to arrest her.

Accepted Answer

The statement is true. The appeals court held that the police may be liable for a battery for pretending to arrest Fuerschbach at work as part of a prank, according to the case of Fuerschbach v. Southwest Airlines.

Question 13

Assault is a direct, intentional, uninvited physical contact without consent.

Accepted Answer

Assault typically refers to the act of intentionally causing another person to fear imminent bodily harm or offensive contact; it does not necessarily involve physical contact, which is more accurately described as battery.

Question 14

If a friend is showing you a gun and you are afraid it is loaded and may go off, then there has probably been an assault.

Accepted Answer

There is not enough information presented to determine whether or not an assault has occurred; fear alone does not constitute an assault. However, it is important to handle a situation involving a gun with caution and seek professional help if necessary.

Question 15

In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals court held that there was no tort because there was no malice or physical injury despite the fact that Fuerschbach did not like it.

Accepted Answer

The statement is incorrect. The appeals court actually held that there was a prima facie case of false imprisonment, and remanded the case to the lower court for further proceedings. The court did not rule on the issue of malice or physical injury.

Question 16

The person who suffers a tort is called a tortfeasor.

Accepted Answer

This statement is incorrect. The person who suffers a tort is called a "tort victim" or "injured party". A tortfeasor is the person who commits the tort or wrongdoing.

Question 17

Intentional torts arise in situations where the person who committed the tort intended to inflict the injury suffered.

Accepted Answer

The answer of Intentional torts arise in situations where the...

Question 18

A battery is intentional conduct that places a person in fear of immediate bodily harm.

Accepted Answer

A battery is intentional and unlawful physical contact with another person. It does not necessarily involve placing a person in fear of immediate bodily harm.

Question 19

If you are walking to your car at night in a dark parking lot and a stranger steps from behind a car and points a gun at you, there has probably been an assault.

Accepted Answer

An assault is defined as the intentional act of causing fear of imminent harm in someone else. In this scenario, the stranger's action of pointing a gun at you would likely create fear of imminent harm, thus constituting an assault.

Question 20

Intentional torts concern willful interference of a protected personal or property right.

Accepted Answer

Intentional torts involve deliberate actions that infringe upon another person's personal or property rights, such as assault, battery, defamation, or trespass. This distinguishes them from unintentional torts, which involve accidental harm caused by negligence or other non-willful conduct.

Quiz 6: Elements of Torts