ALL Tort Helix BBQs

1. To establish a prima facie case for an intentional tort, a plaintiff must establish all EXCEPT which of the following elements?

C. Purpose

2. For intentional torts, a person acts with intent as to a particular consequence if he has either the desire to cause a particular consequence or which of the following?

A. Substantially certain knowledge that the consequences will result

3. If a plaintiff does not establish a prima facie case for an intentional tort, and the defendant does not establish a defense, which of the following will occur?

B. The defendant will prevail

4. A defendant intended to commit the tort of assault against a plaintiff. Instead, the defendant accidentally committed the tort of battery against the plaintiff.

The defendant can be held liable under which doctrine, if any?

C. Transferred intent.

5. A defendant punched a plaintiff lightly on the arm, intending to cause mild pain. The plaintiff, who recently received stitches on that arm, bled profusely as a result of the punch and required additional stitches, plus physical therapy.

Under which doctrine could the plaintiff recover the full amount of her damages?

A. The thin-skull rule.

6. Which of the following torts requires the plaintiff to be placed in reasonable apprehension of an imminent harmful or offensive contact?

D. Assault.

7. To prove that a defendant is liable for false imprisonment, a plaintiff must prove what about the confinement?

B. The plaintiff was aware of the confinement or harmed by it.

8. The tort of trespass to land requires the plaintiff to establish all EXCEPT which of the following elements?

D. Actual harm/damage to the land.

9. Which tort, if any, aims to redress an intentional invasion of the bodily integrity and/or inviolability of another?

A. Battery.

10. A person took another person’s coat, reasonably but incorrectly believing it was his own coat, when leaving a restaurant. An hour later, he realized his mistake and returned the coat to the restaurant, where the owner of the coat was frantically searching for it.

The person who took the coat is liable for which intentional tort, if any?

C. Trespass to chattels.

11. Conversion is the intentional act of causing substantial interference with, or destruction of, which of the following?

C. A person’s personal property.

12. Which of the following accurately describes a split among jurisdictions on the prima facie elements of the intentional tort of battery?

A. Some jurisdictions require an intent to cause harmful or offensive contact; some jurisdictions allow recovery where the defendant intended only to cause contact.

13. A pedestrian sued a bicyclist for battery after the bicyclist ran into the pedestrian, injuring her, while riding his bike.

Which of the following facts, if proven, would most likely defeat the pedestrian’s claim?

B. The bicyclist was momentarily blinded by the sun and thought he was colliding with a small animal rather than a person.

14. All the following are required to prove the tort of battery in a single-intent jurisdiction, except which?

D. An intent to cause harmful or offensive contact.

15. Which of the following factual scenarios most clearly meets the “confinement” requirement for the tort of false imprisonment?

B. A man grabs his neighbor’s arm near their property line and says, “I’m not letting you go until you agree to help mend our common fence.” The man releases his neighbor two minutes later.

16. A fifteen-year-old boy was asleep when robbers entered his home and prevented other family members from leaving. He woke up after the incident was over.

Is the boy likely to be successful in a claim for false imprisonment?

A. No, because the boy was not aware that he was confined.

17. Which of the following is a required element of a cause of action for intentional infliction of emotional distress?

C. The defendant acted intentionally or recklessly with regard to causing severe emotional distress.

18.The defendant could likely defeat a claim for trespass to land by showing which of the following?

A. He entered the land as a reflexive response to avoid a near-certain collision with a cyclist.

19. To prevail on a claim for trespass to chattels, a plaintiff must prove which of the following?

D. That there was at least some actual damage or dispossession.

20. The tort of conversion differs from trespass to chattels in which of the following ways?

C. Conversion requires a greater level of interference with the plaintiff’s property.

1. Defenses that apply to all intentional torts include all but which of the following?

A.Conversion.

2. When invoking the defense of apparent consent in an intentional tort action, the defendant may use all EXCEPT which of the following?

B.Information about the plaintiff’s damages.

 

3. A defendant in an intentional tort action claimed she acted in self-defense using nondeadly force.

To prevail on this defense, the defendant must prove that she had a reasonable belief that the force she was about to use was which of the following?

C.Necessary.

4. Which of the following is an element of a “defense of others” defense to an intentional tort action?

D.The defendant had a reasonable belief that the plaintiff’s use of force on the third party was unlawful.

5. A passerby intentionally tripped an undercover police officer while the officer was in hot pursuit of a suspect. The officer later sued the passerby for battery, seeking to recover for an injury sustained when she fell.

Which of the below facts, if proven, would be most beneficial to the passerby’s defense?

A. At the time of the incident, the passerby reasonably believed that the officer was engaged in an unlawful attack on the suspect.

6. A claim of privilege to use force in defense of property generally would NOT be successful in which of the following circumstances?

B.When the defender used deadly force.

7.  Which of the following accurately describes a limitation on the use of force in the “defense of property” defense to intentional torts?

C.Force may not be used if the intruder has a valid necessity defense.

 

8. In intentional tort doctrine, which of the following accurately describes a difference between the defenses of public necessity and private necessity?

B.Public necessity is a complete defense, while private necessity is a qualified privilege.

9. In the context of intentional torts, which of the following factors is NOT relevant in determining whether discipline is available as a defense to the use of force or confinement against a child?

C.The religious and cultural background of the child’s family.

10. The intentional tort defense of “recapture of chattels” is a privilege to use reasonable force to regain possession of personal property in which of the following circumstances?

A.When the property was recently and unlawfully taken from the defendant.

11. A police officer arrested a suspect for a violent felony that the officer reasonably believed the suspect had committed. The suspect later sued the officer for battery.

Which of the facts below, if proven, would be most helpful to the suspect’s battery action against the officer?

D.The officer used deadly force in making the arrest, but no weapon was found on the suspect.

12. A security guard at a clothing store thought that he saw a customer place a store item into her coat pocket and prepare to walk out of the store without paying.

Under the shopkeeper’s privilege, the guard can detain the customer without much risk of liability if which of the following additional facts is true?

B.The guard detains the customer under reasonable conditions and only long enough to get the facts and allow the police to arrive.

13. In intentional tort doctrine, which of the following privileges of an intruder will negate a land possessor’s right to use reasonable force to remove the intruder from the land?

C.Necessity and recapture of chattels.

14. In general, it is the defendant’s burden to plead and prove a defense or privilege to an intentional tort claim.

However, some jurisdictions require a plaintiff to prove the absence of which of the following?

A.Consent.

15. A plaintiff sued a defendant for battery, seeking to recover for an injury sustained as a result of the defendant hugging the plaintiff from behind a day after the plaintiff had undergone rib surgery. In her defense, the defendant testified that she and the plaintiff had known each other for years and always hugged when they met. The defendant also testified that, when she hugged the plaintiff on this occasion, she intended only to surprise her and was unaware of the plaintiff’s surgery.

What is the defendant’s best defense?

B.Apparent consent.

16. An emergency room physician performed life-saving surgery on a gunshot victim. The victim later sued the physician for battery.

Which of the following facts, if true, would be most likely to defeat a consent defense?

C.The victim was conscious prior to the surgery and objected to it.

 

17. Actual consent is LEAST likely to be a successful defense to an intentional tort claim in which of the following circumstances?

A.The activity engaged in was illegal.

18. A man saw a woman remove pepper spray from her handbag and mistakenly thought that she was about to use it on him. He quickly grabbed her, threw her to the ground, and ran away. The woman subsequently sued the man for battery.

Which of the following circumstances, if true, would be most beneficial to the man’s defense?

D.The man’s belief (that the woman was about to spray him) was reasonable.

19. Under which of the following circumstances would the privilege of self-defense most likely be available to the defendant in an intentional tort action?

D.The defendant began the confrontation by pushing the plaintiff, who then lunged at him with a knife, and the defendant grabbed the plaintiff's wrist.

20. Which of the following statements accurately describes the scope of the privilege of public necessity under intentional tort doctrine?

A.It can serve as a complete defense to claims of trespass to land and trespass to chattels.

1. Which of the following is a required element for any negligence claim?

B.Breach.

2.  In general, the likelihood that a defendant will be deemed to have had an affirmative duty to protect a plaintiff is a function of which of the following?

C.The closeness of the association between the defendant and plaintiff.

3. A waiter was aware of a restaurant patron’s food allergy and promised to let the patron know of any allergens present in the food ordered by the patron.

Which of the following theories would support a finding that the waiter owed the patron a duty to warn of allergens?

D.Voluntary undertaking.

4. Which of the following categories of potential defendants is LEAST likely to have a general duty to protect third parties?

D.Neighbors.

 

5. A skateboarder slipped and fell while practicing in an alleyway. A nearby pedestrian heard the skateboarder call for help but walked away. Many hours passed before the skateboarder received medical aid, and the skateboarder suffered injuries as a result of the delay.

For what reason is the skateboarder unlikely to recover against the pedestrian?

A.Because a person is not ordinarily liable simply for a failure to rescue.

6. Which of the following is most likely to be regarded as an “unforeseeable plaintiff,” to whom no duty is owed?

C.A person far away from a dangerous act who is unknown to the defendant.

7. Which of the following is an example of “crushing liability?”

D.A situation where the defendant’s liability could extend to an almost unlimited number of plaintiffs.

8. Landowners generally have no duty to people off the land with regard to which of the following?

A.Natural conditions on the land.

9. Under the attractive nuisance doctrine, a landowner will owe a duty of reasonable care to a child trespasser if all EXCEPT which of the following requirements are satisfied?

A.There is a risk of death or serious bodily harm to the child, due to a natural condition of the land.

10. Which of the categories below accurately describes the status of a burglar breaking and entering into another’s home?

C.Flagrant trespasser.

11. People who enter land because it is open to the public are typically considered which of the following?

A.Invitees.

12. Which of the following terms best characterizes a party guest, for purposes of landowner liability?

A.Licensee.

13. A skater’s rollerblades were defectively manufactured, and two wheels fell off as soon as the skater used the rollerblades. The skater left the broken wheels in the middle of an alley and walked away. Several minutes later, a jogger stumbled over one of the wheels, injuring her ankle. The jogger called for help, and the skater heard her but continued walking away.

Which of the following arguments offers the best chance of recovery against the skater?

B.A defendant must use reasonable care to manage a danger he himself created, even if he did so non-negligently.

14. Which of the following best describes the standard of care to which a physician would be held when treating a patient?

B.The standard of a reasonable medical professional in good standing.

15.Which of the standards below is used to evaluate whether a patient gave her informed consent to an invasive medical procedure?

C.The physician provided the information that a reasonable patient would consider adequate.

 

16.A man agreed to let his neighbor borrow his virtual reality headset while he was out of town on vacation. When the man returned, the headset was damaged.

If the man sues the neighbor, what standard of care will apply?

C.The duty of extraordinary care.

17. Which of the following is NOT an element required to establish negligence per se?

D.The defendant violated a criminal statute that provides for imprisonment.

18.A defendant could defeat the application of negligence per se by showing any EXCEPT which of the following?

C.Compliance with the safety law would have imposed a crushing financial burden on the defendant.

19. Which of the following is NOT an element of res ipsa loquitur?

C.The defendant’s fault did not contribute to the injury.

20. The doctrine of res ipsa loquitur would most likely be applicable to which of the following fact patterns?

C.The plaintiff bought a loaf of bread from the defendant’s bakery and later chipped her tooth on a pebble in the loaf.

21. Which of the following people would most likely NOT be held to the usual objective standard of care when determining their negligence liability?

C.A 22-year-old who is deaf.

22. Where more than one defendant is negligent at the same time, but it is uncertain which defendant caused a plaintiff’s injury, a court may shift the burden to the negligent defendants to show that they were not causes.

This is referred to as which of the following?

B.Alternative liability.

23. All the following statements accurately describe joint tortfeasors, except which?

C.Each joint tortfeasor must directly cause some harm to the plaintiff.

24.Which of the following refers to the general common law rule of apportionment of fault?

B.Joint-and-several liability.

 

25. Under the doctrine of joint-and-several liability, which of the following is true?

B.The plaintiff can recover full damages from any defendant who is found to be at fault.

26. A pickup truck and an SUV collided, causing injury to a pedestrian on the sidewalk. In a lawsuit brought by the pedestrian, the driver of the SUV was found to be 2/3 responsible for the pedestrian’s injuries, and the driver of the pickup truck was found to be 1/3 responsible.

Under the rule of pure comparative negligence with joint-and-several liability, which of the following is a correct statement regarding the pedestrian’s recovery of damages?

D.The plaintiff can recover any damages she was awarded from either driver, and a driver who pays has a right of contribution against the other driver for any amount he paid beyond his individual share of responsibility.

27. Three tests are used to establish proximate cause: “directness and remoteness,” “foreseeability,” and which of the following?

B.Scope of liability.

28. A plaintiff in a negligence action generally must establish that she suffered which of the following harms as a result of the defendant’s breach?

B.Actual harm.

29. Which of the following types of damages is available in a negligence lawsuit only if the plaintiff can prove that the defendant’s conduct was willful, wanton, or malicious?

A.Punitive.

30. A man was mistakenly told by hospital personnel that his wife had perished in an accident. A month later, he discovered that she had been misidentified and was in a medical clinic in a neighboring town.

 

The man is most likely to be successful in which of the following claims against the hospital?

D.Negligent infliction of emotional distress.

31. All EXCEPT which of the following circumstances can give rise to negligence liability for pure emotional harm?

B.Learning of a close relative suffering physical harm.

32. Which of the following statements correctly describes negligence cases involving purely economic loss?

D.Liability exists only for professional defendants or for misrepresentation in a business context.

33. Which of the following practices is barred by the collateral source rule (in states where the rule has not been limited or overturned)?

C.Reducing the plaintiff’s damages because the plaintiff has received aid from family members.

34. Under which of the following theories does even a slightly negligent plaintiff recover nothing from a negligent defendant?

B.Contributory negligence.

35.Under which of the following theories is a plaintiff’s recovery always reduced proportionally based on the percentage of fault allocable to the plaintiff?

A.Pure comparative negligence.

36. The “last clear chance” doctrine applies only in jurisdictions that recognize which of the following defense theories?

B.Contributory negligence.

37. In a jurisdiction that applies the doctrine of modified comparative negligence, which of the following facts would make it unlikely for a negligent plaintiff to recover?

C.The plaintiff was more than 50% responsible for the accident.

38. When a plaintiff fails to mitigate her damages, what is the likely result?

D.The plaintiff’s damages will be reduced to the extent the plaintiff’s injury was exacerbated by the failure to mitigate.

39. In a negligence action, which of the following defenses is NOT based on the plaintiff’s fault?

A.Last-clear-chance doctrine.

40. A tenant fell through a loose floorboard at the entrance to his apartment building. The tenant had previously noticed that the floor showed signs of weakness.

In a suit by the tenant against the landlord, which of the following facts would defeat the landlord’s attempt to use implied assumption of risk as a defense?

B.The path over the weak floor was the only way the plaintiff could access his apartment.

1. Which of the following doctrines is only used to hold a defendant liable for a tort committed by someone else?

D.Vicarious liability.

2. Which of the following is NOT a theory under which an employer may be held vicariously liable for torts committed by workers?

B.Delegable duty.

3. Which of the following elements is required for employer liability under the doctrine of respondeat superior?

A.The tortfeasor is an employee who acted within the scope of her employment.

4. Which of the following factors would be LEAST important in determining whether an employee is acting within the scope of employment?

C.Whether the employee’s conduct was known to the employer at the time it occurred or within a short time afterwards.

5.With regard to vicarious liability, “detour” refers to which of the following?

B.Going slightly outside the usual course of employment.

6. In which of the following scenarios is the employer NOT likely to be vicariously liable for torts committed by independent contractors?

B.The employer is a local government performing plumbing repairs in the office of the fire chief.

7. A tort lawsuit against the federal government must satisfy all EXCEPT which of the following requirements?

D.The suit may only be brought by a person in privity with the government.

8. In a tort claim based on strict liability, the plaintiff must prove which of the following?

C.Causation.

9. The two most common instances in which courts impose strict liability are cases involving which of the following?

B.Dangerous activities and products liability.

10. An activity can be considered abnormally dangerous if it is very likely to cause physical harm, and is also what else?

D.Uncommon.

11.For strict liability to apply, the harm resulting from an abnormally dangerous activity must be which of the following?

A.Within the scope of risk inherently created by the activity.

12. Which of the following lists defenses that are both commonly used in cases alleging strict liability for abnormally dangerous activities?

B.Comparative negligence and essential public service.

13. An abnormally dangerous activity is subject to strict liability when which of the following is true?

D.The harm is within the scope of risk created by the activity.

14. In a lawsuit based upon strict liability for abnormally dangerous activities, which defense below is LEAST likely to be helpful?

B.Contributory negligence.

15. There is a separate category of strict liability for people who own or possess which of the following?

D.Livestock.

16.Which of the following claims is LEAST likely to be useful to a plaintiff in recovering for an injury caused by a defective product?

A.Tortious interference.

17. A product is considered defective if the defect makes the product which of the following?

D.Unreasonably dangerous.

18. A restaurant patron was seriously injured when his knife suddenly snapped during normal use.

Which potential defendant, if either, would be most likely to be found liable to the patron in an action based on strict products liability?

A.The knife manufacturer.

19. Which of the following is NOT a type of defect actionable in strict products liability?

A.Obvious dangers.

20.The consumer placed six glass jars of peanut butter in her shopping cart. One jar of peanut butter immediately shattered upon being placed in the cart. The other five did not.

This is most likely the result of what type of defect?

B.A manufacturing defect.