Torts MBE – Summarized Correct Questions and Answers 100% Graded A+

Torts MBE – Summarized Correct Questions and Answers 100% Graded A+ Intentional Torts: Generally - CORRECT ANSWER-Battery Assault False Imprisonment Intentional Infliction of Emotional Distress Trespass to Land Trespass to Chattels Conversion Intentional Torts: Battery - CORRECT ANSWER-Harmful or offensive contract with person of another -Must be person. Can be anything person holding -Doesn't have to be physical: Poison sandwich -Offensive: Not permitted by ordinary Intentional Torts: Assault - CORRECT ANSWER-D Places P in anticipation of immediate battery - Apparent ability creates reasonable apprehension - Threat must be immediate. Mere words insufficient - Words can negate: "Just wait for tomorrow" Intentional Torts:False Imprisonment - CORRECT ANSWER-D commits confines P to bounded area - Threat's count if on mind of ordinary sensitivity - Omission an act of restraint if duty to help move - P must be aware and confined: Also if no access - Movement must be limited in all directions - Reasonable, discoverable escape. Not dangerous, etc Intentional Torts: IIED - CORRECT ANSWER-Outrageous conduct + Severe emotional distress - Mere words no enough - More likely if D common carrier or innkeeper - Or if p protected class (young, old, prego) - Distress: Badly upset. No psych needed, helpful. No medication required Intentional Torts: Trespass to Land - CORRECT ANSWER-Act of physical invasion - Can be unintentional. Must be physical. Throw stuff - Includes air above and soil below if usable to owner Intentional Torts: Trespass to Chattels - CORRECT ANSWER-Intentional interferences with personal property - Anything but land and buildings - Small harm, not significant - Get cost of repair Intentional Torts: Conversion - CORRECT ANSWER-Greater harm than trespass - Remedy is FMV Intentional Torts: Three Affirmative Defenses: Generally - CORRECT ANSWER-Consent Protected Privilege Necessity Intentional Torts: Three Affirmative Defenses: Consent - CORRECT ANSWER-- Did P have legal capacity to consent? (fraud/duress)