Torts MBE Exam Study Guide with Complete Solutions

Torts MBE Exam Study Guide with Complete Solutions Intentional Torts: Generally - Answer️️ -Battery Assault False Imprisonment Intentional Infliction of Emotional Distress Trespass to Land Trespass to Chattels Conversion Intentional Torts: Battery - Answer️️ -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 - Answer️️ -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" ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 2 Intentional Torts:False Imprisonment - Answer️️ -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 - Answer️️ -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 - Answer️️ -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 - Answer️️ -Intentional interferences with personal property - Anything but land and buildings ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 3 - Small harm, not significant - Get cost of repair Intentional Torts: Conversion - Answer️️ -Greater harm than trespass - Remedy is FMV Intentional Torts: Three Affirmative Defenses: Generally - Answer️️ - Consent Protected Privilege Necessity Intentional Torts: Three Affirmative Defenses: Consent - A