Torts Midterm Practice Questions

1. 1Dave was driving while intoxicated and veered onto the freeway shoulder to avoid the wreckage, killing two people who stopped to help. Did Dave commit a battery?

   1. AYes, because he should have known…
   2. BYes, because he intended to speed while intoxicated
   3. CNo, because he was drunk and couldn’t appreciate the harm
   4. DNo, because he did not know with substantial certainty that he would harm another person by speeding while intoxicated.
2. 2John is throwing rocks at a tree. Betty is standing by and accidently gets hit by a rock. Is John liable to Betty for battery?

   1. AYes, because he intentionally threw a rock that hit Betty.
   2. BYes, because he intentionally threw a rock at the tree and his mistake in hitting Betty instead of the tree does not negate his intent.
   3. CYes, because he intended to hit the tree, but hit Betty instead, and the doctrine of transferred intent applies.
   4. DNo, because John did not have the necessary intent to commit a battery upon Betty.
3. 3A is standing wit his arm around B’s shoulder, and leaning on him. C, passing by violently jerks B’s arm, as a result of which A falls to the ground, breaking his arm.

   1. AC is liable only to A for battery
   2. BC is liable only to B for battery
   3. CC is liable to both A and B for battery
   4. DC is not liable to A or B for battery
4. 4Prof touched students arm, didn’t injure her. Student sues because the tap resulting in awful memories from her childhood. Is the teacher liable for battery?

   1. AYes, because the professor intended to make contact with student and is liable for all harm that occurs from the contact, even if it is more serious than expected.
   2. BNo, because the prof did not intend contact with the student
   3. CNo, because the prof did not intend harmful or offensive contact
   4. DYes, because the prof voluntarily engaged in an act and cause contact that was offensive to the student.
5. 5Dexter, intending to frighten Paul, fired from behind Paul a pistol loaded with blanks. Unknown to Dexter, Paul was completely deaf. Paul therefore did not realize what had happened until afterward. When he found out he was offended. Did Dexter commit an assault?

   1. AYes, because Paul was put in reasonable apprehension of an offensive contact.
   2. BYes, because Dexter intended to place Paul in reasonable apprehension of a harmful or offensive contact.
   3. CNo, because Paul didn’t hear the pistol fire.
   4. DNo, because Dexter didn’t intend harmful or offensive contact.
6. 6Jessica was shopping at Blooms, when a security guard saw her put a scarf in her purse that was a scarf sold at Blooms. On the way out, the security guard stopped her and asked her to remove the scarf from her purse. She took the scarf out of her purse and a receipt that showed she bought the scarf a few days ago. After that she left. Is it likely she could sue for false imprisonment?

   1. AYes, because Jessica didn’t steal the scarf
   2. BYes, because the detention caused Jessica mental distress
   3. CNo, because Jessica was not confined by Norm
   4. DNo, because the confinement (detention) was reasonable and lasted no longer than necessary
7. 7On leaving a restaurant, A by mistake takes B’s hat from the rack, believing it to be his own. When he reaches the sidewalk, A puts on the hat, discovers his mistake, and immediately re-enters the restaurant and returns the hat to the rack. A commits trespass to chattels.

   1. ATrue
   2. BFalse
8. 8Same facts, except that A keeps the hat for three months before discovering his mistake and returning it.
   A commits trespass to chattels.

   1. ATrue
   2. BFalse
9. 9Same facts, except that as A reaches the sidewalk and puts on the hat, a sudden gust of wind blows it from his head and it goes down an open manhole and it is lost. A commits conversion.

   1. ATrue
   2. BFalse
10. 10Leaving the restaurant, A takes B’s hat from the rack, intending to steal it. As he approaches the door he sees a policeman outside, and immediately returns the hat to the rack. A commits trespass to chattels.

    1. ATrue
    2. BFalse

11. 11Dan and Pete live next door to each other and have a history of “neighborly” disputes. One day Dan saw Pete eating in his living room down the hill. Dan put a boulder in his car, drove down to Pete’s, honked his horn and rolled the boulder down the hill trying to hit Pete and his house. Pete saw the boulder and knew it was too small to hit him. The boulder knocks down Pete’s fence and lands in his yard. Pete has a viable claim for:

    1. ATrespass to land
    2. BAssault – Pete did not think he was in danger
    3. CBoth A and B
    4. DNeither A nor B
12. 12June is driving down the street when her brakes fail. If she continued driving straight, she would have crashing into a group of school children. Instead, June deliberately turns her wheel toward Bob’s property, crashing into Bob’s fence, knocking down a tree, and stopping on Bob’s front lawn. Bob sues June for the damages. Can Bob make out a prima facie case for trespass to land?

    1. ANo, because June did not intend to damage Bob’s property
    2. BNo, because June did not intend to enter Bob’s property
    3. CNo, because by entering Bob’s property, she averted a greater loss to other.
    4. DYes, she intentionally entered Bob’s land
13. 13Gail loaned her car to Tim. Tim loaned Gail’s car to Bob, without Gail’s permission. Bob took the car on a 4-day 2,000 miles car trip. Gail found out that Tim’s car had been repaired and asked for her car back, but Tim told her he had loaned the car to Bob. Gail was furious when she found out that Time had let Bob use the car without asking her. Bob returned the car to Tim, undamaged. Tim then tried to return the car to Gail, but she refused to accept it and sued Tim for conversion. What is the likely result of the suit?

    1. AGail cannot recover for conversion.
    2. BGail cannot recover for conversion, but can recover for trespass to chattels.
    3. CGail will recover the rental value of the car for the 2,000-mile trip
    4. DGail will recover the fair market value of the car
14. 14Customer B is in a shop. A locks the door the keep C from coming in. B is about to walk out, but the door is still locked before B exits. A commits false imprisonment.

    1. ATrue
    2. BFalse
15. 15A is asleep at her desk. B locks the door. B commits false imprisonment.

    1. ATrue
    2. BFalse
16. 16A takes B's watch as a prank for the day. A is involved in an accident and the watch is damaged. The watch is worth $5,000, and the cost to repair it is $500. A is liable for conversion.

    1. ATrue
    2. BFalse
17. 17A took B's watch for the day by accident, and returned it upon realization that it wasn't his. A is liable for trespass to chattels.

    1. ATrue
    2. BFalse
18. 18A took B's watch. There were no damages to the watch, but A had the watch for 4 days. A commits conversion.

    1. ATrue
    2. BFalse
19. 19A, expecting to meet B, his wife, at a street corner, arrives to find C standing at the corner. C looks just like B. A goes behind C and givers her a kiss on the back of the neck. C screams and falls of the curb, suffering harm. A has committed a battery on C.

    1. ATrue
    2. BFalse
20. 20A, knowing he has an STD, has mutually consented sex with B after telling her, in response to her query, that he does not have an STD. B does not contract the disease, but upon finding out A has an STD, B sues A for battery. A will not prevail.

    1. ATrue
    2. BFalse
21. 21Can A, in self-defense, kill B if B is about to shoot A with an air soft gun or other gun that looks like a real gun to A?

    1. ATrue
    2. BFalse
22. 22A attacks B with a knife. B pulls out a gun to defend himself and fires at A. The bullet misses A and hits C, an innocent bystander. B has committed a battery against C.

    1. ATrue
    2. BFalse

Description

Quiz on Torts Midterm Practice Questions, created by Andi Smith on 26/09/2014.

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Andi Smith

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