FL BAR EXAM- TORTS VS CRIMES
Questions And Correct Answers.
Intentional Infliction of Emotional Distress - Answer i) an act by the ∆ amounting to extreme
and outrageous conduct;
ii) intent on part of the ∆ to cause the π to suffer severe emotion distress OR recklessness as to
the effect of the ∆'s conduct;
iii) causation;
iv) and damages in the form of severe emotional distress
Do NOT need to show physical impact or physical manifestation, but severe emotional distress =
more than a reasonable person could be expected to endure
Battery (Tort) - Answer i) an act by the ∆ the brings about harmful or offensive contact to the
π's person;
ii) intent on the part of the ∆ to bring about such harmful or offensive contact; and
iii) causation
Harmful or offensive - judged by whether it would be harmful or offensive to a reasonable
person of ordinary sensibilities.
Nominal Damages okay.
Assault (Tort) - Answer i) an act by ∆ creating a reasonable apprehension of imminent harmful
or offensive contact to π's person;
ii) intent by ∆ to cause π apprehension of harmful or offensive contact; and
iii) causation
Nominal damages okay. Words alone are never enough.
False Imprisonment (Tort) - Answer i) an act or omission on the part of ∆ that confines or
, Can arise by threats of force.
Common defense is consent or shopkeeper's privilege
Shopkeeper's Privilege - Answer Privilege to false imprisonment where
i) there is a reasonable belief as to the fact of theft;
ii) detention must be conducted in a reasonable manner and only non-deadly force can be used
iii) detention must be only for a reasonable period of time and only for the purpose of making
an investigation.
Conversion - Answer i) an act by ∆ interfering with π's right of possession in a chattel that is
serious enough in nature or in consequence to warrant that the ∆ will pay full value of the
chattel;
ii) intent to perform the act bringing about interference with the π's right of possession; and
iii) causation
Trespass to Land (Tort) - Answer i) an act of physical invasion on π's real property by the ∆;
ii) intent of the ∆ to bring about a physical invasion of π's real property; and
iii) causation.
Damages are presumed.
Self Defense (Tort) - Answer When a person has reasonable grounds to believe that he is
being, or is about to be, attacked, he may use or threaten to use such force as is reasonably
necessary to defend himself or a third party against the other's imminent use of unlawful force.
Reasonably prudent person standard applied.
Cannot be used in retaliation.
Defense of Consent (Tort) - Answer Consent may be express or implied. Consent is implied by
law where action is necessary to save a person's life or some other important interest in the
person or property.
Questions And Correct Answers.
Intentional Infliction of Emotional Distress - Answer i) an act by the ∆ amounting to extreme
and outrageous conduct;
ii) intent on part of the ∆ to cause the π to suffer severe emotion distress OR recklessness as to
the effect of the ∆'s conduct;
iii) causation;
iv) and damages in the form of severe emotional distress
Do NOT need to show physical impact or physical manifestation, but severe emotional distress =
more than a reasonable person could be expected to endure
Battery (Tort) - Answer i) an act by the ∆ the brings about harmful or offensive contact to the
π's person;
ii) intent on the part of the ∆ to bring about such harmful or offensive contact; and
iii) causation
Harmful or offensive - judged by whether it would be harmful or offensive to a reasonable
person of ordinary sensibilities.
Nominal Damages okay.
Assault (Tort) - Answer i) an act by ∆ creating a reasonable apprehension of imminent harmful
or offensive contact to π's person;
ii) intent by ∆ to cause π apprehension of harmful or offensive contact; and
iii) causation
Nominal damages okay. Words alone are never enough.
False Imprisonment (Tort) - Answer i) an act or omission on the part of ∆ that confines or
, Can arise by threats of force.
Common defense is consent or shopkeeper's privilege
Shopkeeper's Privilege - Answer Privilege to false imprisonment where
i) there is a reasonable belief as to the fact of theft;
ii) detention must be conducted in a reasonable manner and only non-deadly force can be used
iii) detention must be only for a reasonable period of time and only for the purpose of making
an investigation.
Conversion - Answer i) an act by ∆ interfering with π's right of possession in a chattel that is
serious enough in nature or in consequence to warrant that the ∆ will pay full value of the
chattel;
ii) intent to perform the act bringing about interference with the π's right of possession; and
iii) causation
Trespass to Land (Tort) - Answer i) an act of physical invasion on π's real property by the ∆;
ii) intent of the ∆ to bring about a physical invasion of π's real property; and
iii) causation.
Damages are presumed.
Self Defense (Tort) - Answer When a person has reasonable grounds to believe that he is
being, or is about to be, attacked, he may use or threaten to use such force as is reasonably
necessary to defend himself or a third party against the other's imminent use of unlawful force.
Reasonably prudent person standard applied.
Cannot be used in retaliation.
Defense of Consent (Tort) - Answer Consent may be express or implied. Consent is implied by
law where action is necessary to save a person's life or some other important interest in the
person or property.
