Torts MBE

Question 1

Intent

Answer 1

Can be either specific or general

Question 2

Specific Intent

Answer 2

The purpose in acting is to bring about specific consequences.

Question 3

General Intent

Answer 3

The actor knows with “substantial certainty” that these consequences will result. The actor does not need to intend the injury that results from bringing about these consequences.

Question 4

Transferred Intent

Answer 4

When the defendant intends to commit a tort against one person but instead (i) commits a different tort against that person (ii) commits a different tort against a different person. Thus, a defendant who acts with the intent to commit an assault but whose conduct actually constitutes a battery is liable for battery.

Only applicable when the intended and resulting tort are one of the following:
A) Assault
B) Battery
C) Trespass to Chattels
D) Trespass to Land
E) False Imprisonment

Question 5

Who is capable of intent?

Answer 5

Everyone is “capable” of intent. Incapacity is not a good defense. Thus, young children and persons who are mentally incompetent will be liable for their intentional torts.

Question 6

Causation for Intentional Torts

Answer 6

The result must have been legally caused by defendant’s act or something set in motion by him. Causation is satisfied if defendant’s conduct was a substantial factor in bringing about the injury.

Generally, causation will not be at issue when you are analyzing an intentional tort because it is usually obvious that the defendant’s conduct was a substantial factor in causing the harm.

Question 7

Battery

Answer 7

(i)intent and (ii) causation to commit a (iii) harmful or offensive contact (iv) to the plaintiff’s person

Question 8

Harmful or Offensive Contact

Answer 8

Contact that causes actual injury, pain, or disfigurement. Contact is offensive if it would be considered offensive to a reasonable person.

Contact is considered offensive only if it has not been permitted or consented to. However, consent will be implied for the ordinary contacts of everyday life (e.g., minor bumping on a crowded bus).

Question 9

Direct and Indirect Contact

Answer 9

Contact can be direct (hitting someone) or indirect (setting a trap for plaintiff to fall into).

Question 10

Plaintiff’s Person

Answer 10

Plaintiff’s Person includes anything that is connected to a plaintiff, including their clothing, purse, or even a horse.

Question 11

Damages for Battery

Answer 11

Plaintiff can recover nominal damages even if actual damages are not proved. Plaintiff may recover punitive damages for malicious conduct.

Question 12

Assault

Answer 12

(i) Intent and (ii) Causation by the defendant to (iii) create a reasonable apprehension in plaintiff (iv) of immediate harmful or offensive contact to plaintiff’s person

Question 13

Fear vs. Apprehension for Assault

Answer 13

Apprehension should not be confused with fear or intimidation.
A weakling can cause a bully to apprehend harmful or offensive contact for purposes of assault. Apprehension is judged by a reasonable person test.

Question 14

Knowledge of the Assault to feel Apprehension

Answer 14

For apprehension to be show, the plaintiff must have been aware of the threat from the defendant’s act, although the plaintiff need not be aware of the defendant’s indentity.

Question 15

Apparent Ability Sufficient for Assault

Answer 15

If defendant has the apparent ability to commit a battery, this will be enough to cause a reasonable apprehension.

Question 16

Effect of Words in Assault

Answer 16

Words alone are not sufficient. For the defendant to be liable, the words must be coupled with conduct. However, words can negate reasonable apprehension.

The defendant shakes his fist at the plaintiff, but tells him “If you weren’t my friend, I would punch you.”

Question 17

Requirement of Immediacy for Assault

Answer 17

Plaintiff must be apprehensive that they are about to become the victim of an immediate battery.

Question 18

Damages Not Required for Assault

Answer 18

Plaintiff can recover nominal damages even if actual damages are not proved. Malicious conduct may permit recovery of punitive damages.

Question 19

False Imprisonment

Answer 19

(i) Intent and (ii) Causation of (iii) an act or omission on the part of the defendant (iv) that confines or restrains plaintiff to a bounded area

Question 20

Sufficient Methods of Confinement or Restraint

Answer 20

Examples of Sufficient restraint include:

1. Physical Barriers
2. Physical Force directed against plaintiff, immediate family, or personal property (confiscating plaintiff’s purse)
3. Direct Threats of Physical Force
4. Indirect or implied threats of force
5. Failure to release plaintiff when under a legal duty to do so (a taxi driver keeping a customer in)
6. Invalid Use of Legal Authority

Question 21

Insufficient Methods of Confinement or Restraint

Answer 21

Insufficient acts of restraint include

(i) moral pressure
(ii) future threats

Question 22

Time of Confinement for False Imprisonment

Answer 22

It doesn’t matter how short the confinement is.