Torts MBE

Question 1

Battery

Answer 1

1) Harmful or offensive contact
2) With plaintiff’s person
3) Intent
4) Causation

Question 2

Assault

Answer 2

1) D puts plaintiff in reasonable apprehension
2) Of an imminent battery
3) Intent
4) Causation

Question 3

False imprisonment

Answer 3

1) Act/omission that confines or restrains P
2) To a bounded area
3) Intent
4) Causation

Question 4

Insufficient methods of confinement or restraint for false imprisonment

Answer 4

Moral pressure and future threats

Question 5

What is a bounded area?

Answer 5

Freedom of movement must be limited in all directions with no reasonable means of escape known to plaintiff

Question 6

IIED

Answer 6

1) Extreme and outrageous conduct
2) Intent OR RECKLESSNESS
3) Causation
4) Damages- severe emotional distress

Question 7

Extreme and outrageous conduct

Answer 7

Transcends all bounds of decency

Question 8

Conduct that is not normally outrageous may become outrageous if (3)

Answer 8

1) It is continuous
2) It is directed toward a certain type of plaintiff, such as child, elderly, or super-sensitive adult whose sensitivities are known to D
3) Committed by a defendant such as common carrier or inkeeper

Question 9

Does IIED require proof of physical injury?

Answer 9

No, though it may help proving the harm

Question 10

Bystander IIED

Answer 10

Either make out a regular showing of IIED elements or

1) P was present when injury occurred
2) Close relative of the injured person
3) D knew both of those facts

Question 11

Trespass to land

Answer 11

1) Physical invasion of real property
2) Intent
3) Causation

Question 12

What intent is needed for trespass to land?

Answer 12

Just to intend to enter the land. Doesn’t need to know the land belonged to another

Question 13

Potential plaintiffs for trespass to land

Answer 13

Anyone in actual or constructive possession of the land, including airspace and subterranean rights

Question 14

Trespass to chattels

Answer 14

1) Interference with P’s right of possession in a chattel
2) Intent
3) Causation
4) Damages- actual damages, at least to possessor right

Question 15

Two types of interference for trespass to chattels

Answer 15

1) Intermeddling- damaging the property

2) Dispossession- depriving P of his lawful right to possession of the chattel

Question 16

Conversion

Answer 16

1) Act of interference with P’s right of possession in chattel
2) So serious that it warrants requiring payment of full value
3) Intent
4) Causation

Question 17

Remedies for conversion

Answer 17

Either damages (FMV at time of conversion) or possession (replevin)

Question 18

Difference in damages for two types of trespass to chattels

Answer 18

1) Dispossession- damages based on rental value

2) Intermeddling- recovery of actual damages from harm to chattel or loss of use

Question 19

Can children consent to intentional torts?

Answer 19

Yes, but only to age-appropriate invasions

Question 20

Express consent to intentional torts will make D not liable unless

Answer 20

1) Consent was based on mistake that D knew and took advantage of
2) Consent induced by fraud to an essential matter
3) Consent obtained by duress unless the duress was threats of future action or economic deprivation

Question 21

Two kinds of implied cosnent

Answer 21

1) Apparent consent comes from custom and usage or P’s conduct
2) Consent implied by law- action necessary to save a person’s life or some other important interest in person or property

Question 22

When is deadly force appropriate?

Answer 22

Where faced with a deadly threat. Modern trend requires retreat if possible, unless you’re in your home

Question 23

Defense of property

Answer 23

One may use reasonable force to prevent tort against her property. Must first make request to desist or leave unless it would be futile

Question 24

When does defense of property not apply? (rule and exception)

Answer 24

Once the tort has been committed, though one may use force in hot pursuit of another who has tortiously dispossessed the owner of chattels because the tort is still being committed

Question 25

Mistake for defense of property

Answer 25

Reasonable mistake allowed as to whether intrusion occurred or whether a request to desist is required. NOT allowed as to whether the entrant has a privilege unless entrant leads D to reasonably believe entry was not privileged

Question 26

Entry onto land to remove chattels

Answer 26

1) On wrongdoer's land- Owner is privileged to enter land reclaim at a reasonable time/manner after first making demand for return 2) On land of innocent party- Same but owner will be liable for damage caused by entry 3) If chattels on land of another through owner's fault, no privilege to enter

Question 27

Defamation

Answer 27

1) Defamatory language 2) Of or concerning plaintiff 3) Publication to a third party 4) Damage to P's reputation

Question 28

What is a defamatory statement?

Answer 28

One that tends to adversely affect repruation

Question 29

If statement is not defamatory on its face

Answer 29

P may plead additional facts as "inducement" to establish defamation by "innuendo"

Question 30

Level of intent for defamation publication

Answer 30

Intent to publish, not to defame. Can be made intentionally or negligently

Question 31

Libel

Answer 31

Written or printed publication of defamatory language

Question 32

Slander per se

Answer 32

Treated like libel. 4 categories 1) Adversely reflects on one's conduct in business or profession 2) One has a loathsome disease Guilty of a crime involving moral turpitude 4) A woman is unchaste

Question 33

Defenses to defamation

Answer 33

1) Consent 2) Truth 3) Privilege (absolute and qualified)

Question 34

Absolute privilege includes

Answer 34

Spousal communications, government officials, fair reporting privilege

Question 35

When are special damages required on MBE for defamation?

Answer 35

Not for libel or slander per se, but for slander not per se

Question 36

Invasion of right to privacy torts

Answer 36

1) Appropriation of image/name 2) Intrusion on seclusion 3) False Light 4) Disclosure

Question 37

Appropriation issues (2)

Answer 37

1) Newsworthiness exemption | 2) Not limited to famous people

Question 38

Disclosure issues (2)

Answer 38

1) Newsworthiness exception | 2) Underlying information must truly be private

Question 39

Fraud/Misrepresentation

Answer 39

1) Defendant makes misrepresentation of fact 2) Deliberately or recklessly 3) Intent to induce reliance 4) Reliance is is justifiable 5) Causation 6) Damages

Question 40

Interference with business relations

Answer 40

1) Existence of a k between P and 3P or valid business expectancy 2) D knows of the contract or expectancy 3) Intentionally interferes 4) Damage 5) ABSENCE OF PRIVILEGE

Question 41

Malicious prosecution

Answer 41

1) Files a criminal or civil proceeding against P 2) Without probably cause and for improper motive 3) Damage

Question 42

To establish attractive nusiance

Answer 42

1) Dangerous condition on the land that owner is or should be aware of 2) Knew or should have known that children frequent the area 3) Condition is likely to cause injury 4) Expense of remedying the situation is slight compared with the magnitude of the risk