Torts MBE

Question 1

Battery

Answer 1

Volitional Act

Harmful or
Offensive Contact w/
P’s person

P’s person (body and anything connected to P)
Harmful: actual pain or injury
Offensive: reasonable personal standard

Question 2

Assault

Answer 2

Volitional act
Reasonable apprehension of
Immediate Battery (harmful or offensive contact)

P must have knowledge
Future threats are not immediate
Words alone are not enough

Question 3

False Imprisionment

Answer 3

Act or omission by D
Confines or Restricts P in
Bounded Area

P must be aware of restraint
Plausible threats sufficient
Dangerous, Humiliating, Disgusting, Hidden Places are not reasonable means of escape

Question 4

Intentional Infliction of Emotional Distress

Answer 4

Extreme and outrageous conduct by D
Reckless or intentional
P suffers severe emotional distress

outrageous means exceeds all bounds of decency
Reckless-conscious disregard high probability emotional distress will result
Mere insults usually not considered outrageous

Question 5

Trepass to Land

Answer 5

Physical Invasion
P’s real property

Physical invasion–person or object
Real Property–reasonable distance above and below surface of property
Don’t need intent to trespass just intent to enter

Question 6

Trespass to chattels

Answer 6

Interfere with P
right in chattel (personal property)

Interfere by
`1. Intermeddling–damage personal property
2. Dispossession–> deprive owner of possession of personal property

Question 7

trespassing animals

Answer 7

owner is strictly liable for the damage done by the trespass of his animals other than household pets as long as the damage caused was reasonably foreseeable.

Question 8

liability abornmally dangerous activities

Answer 8

defendant engaging in an abnormally dangerous activity may be liable only to foreseeable plaintiffs injured as a result of the dangerous propensity of the activity.