Torts 1 Fall Final UPDATED Exam
Questions and CORRECT Answers
False Imprisonment - CORRECT ANSWER - Volitional act
Intent to confine (subjective)
Act is substantial cause of plaintiff being confined (objective)
Plaintiff is conscious or harmed by confinement
Conversion examples - CORRECT ANSWER - STORMS
stealing it
transferring it
refusing to give back
substantially changing it
destroying it
misusing it
Defense of property keys - CORRECT ANSWER - No deadly force to defend property
Sincere reasonable belief tort is being committed or future tort
Request to desist is made unless dangerous
Public necessity defense - CORRECT ANSWER - Complete privilege
Reasonable belief necessary to minimize harm to public
Private necessity defense - CORRECT ANSWER - Incomplete defense
Act of trespass due to emergency
Necessary and proportional
, Trespass to chattels - CORRECT ANSWER - Volitional act of interference with the right
of possession of another's personal property
Intent to perform act of interference (knowledge/sub. certainty enough)
Act is substantial cause of interference in the right of possession of another's personal property
(intermeddling, damage, dispossession)
Damages
Exceptions of conversion that don't require taking possession - CORRECT ANSWER -
literary property, scientific invention, secret business plans, items for sale
Defense of others - CORRECT ANSWER - reasonable belief third party would have self
defense privilege
Lower bar IIED groups - CORRECT ANSWER - Misuse of authority
Known special sensitivity
Common carriers
innkeepers
Children, infirm, elderly, pregnant
Loss of chance theory - CORRECT ANSWER - P may recover even though cant prove
defendant's negligence caused injury . . . % difference of chance lost at survival
Proximate cause approaches - CORRECT ANSWER - Directness in time and space - some
type of injury is foreseeable
Foreseeability - specific type of injury is foreseeable
Scope of risk test - Must be within scope of risk that was reason for holding defendant liable in
first place
Questions and CORRECT Answers
False Imprisonment - CORRECT ANSWER - Volitional act
Intent to confine (subjective)
Act is substantial cause of plaintiff being confined (objective)
Plaintiff is conscious or harmed by confinement
Conversion examples - CORRECT ANSWER - STORMS
stealing it
transferring it
refusing to give back
substantially changing it
destroying it
misusing it
Defense of property keys - CORRECT ANSWER - No deadly force to defend property
Sincere reasonable belief tort is being committed or future tort
Request to desist is made unless dangerous
Public necessity defense - CORRECT ANSWER - Complete privilege
Reasonable belief necessary to minimize harm to public
Private necessity defense - CORRECT ANSWER - Incomplete defense
Act of trespass due to emergency
Necessary and proportional
, Trespass to chattels - CORRECT ANSWER - Volitional act of interference with the right
of possession of another's personal property
Intent to perform act of interference (knowledge/sub. certainty enough)
Act is substantial cause of interference in the right of possession of another's personal property
(intermeddling, damage, dispossession)
Damages
Exceptions of conversion that don't require taking possession - CORRECT ANSWER -
literary property, scientific invention, secret business plans, items for sale
Defense of others - CORRECT ANSWER - reasonable belief third party would have self
defense privilege
Lower bar IIED groups - CORRECT ANSWER - Misuse of authority
Known special sensitivity
Common carriers
innkeepers
Children, infirm, elderly, pregnant
Loss of chance theory - CORRECT ANSWER - P may recover even though cant prove
defendant's negligence caused injury . . . % difference of chance lost at survival
Proximate cause approaches - CORRECT ANSWER - Directness in time and space - some
type of injury is foreseeable
Foreseeability - specific type of injury is foreseeable
Scope of risk test - Must be within scope of risk that was reason for holding defendant liable in
first place
