Torts MBE

Question 1

What is the rule for protecting strangers from attacks?

Answer 1

The general rule is that if someone sees a complete stranger being attacked or in danger, they have the privilege of using REASONABLE force.

Question 2

What is a battery?

Answer 2

A defendant is liable for battery if they intentional cause harmful or offensive contact with a plaintiff. Defendants are also liable for indirect contact, if they “set in motion” the force that brings apart the harmful or offensive contact.

Question 2

What are the elements for Tortious Interference with a contract?

Answer 2

1. valid contract between plaintiff and 3rd party
2. Defendant knew about this contract and intentionally interfered, inducing a breach/termination
3. that the plaintiff suffered damages

Question 3

What is the standard of care for common carriers?

Answer 3

Common carriers and innkeepers are held to a higher standard of care and liable for even the slightest negligence action, but NOT strict liability.

Question 4

Does battery require the defendant to know or intent to cause injury?

Answer 4

No. A person can have the intent necessary for an intentional tort even though he does not desire to “harm” the victim.

Question 5

When is someone liable to their attempted rescuer?

Answer 5

One who acts negligently and endangers himself is also liable for the resulting injuries of anyone who undertakes to rescue him.