Torts - Bar Exam – MBE Questions with
Complete Solutions
Prima Facie Case (torts) - ANS-1. An ACT by defendant
2. Intent
3. Causation
Act by defendant - ANS-requires volitional movement
Specific Intent - ANS-An actor intends the consequences of his conduct if his
PURPOSE in acting is to bring about these consequences
General Intent - ANS-An actor INTENDS the consequences of his conduct if HE
KNOWS WITH SUBSTANTIAL CERTAINTY that these consequences will result
Transferred Intent Doctrine - ANS-applies where the defendant intends to commit a tort
against one person, but instead:
1. commits a different tort against that person,
2. commits the same tort intended, but against a different person, or
3. commits a different tort against a different person
the intent to commit a tort against one person is transferred to the other tort OR to the
injured person for purposes of establishing a prima facie case
Limitations on Use of "Transferred Intent Doctrine" - ANS-Transferred intent may ONLY
be invoked where the tort intended and the tort that results are both within the following
list:
1. assault
2. battery
3. false imprisonment
4. trespass to land, and
5. Trespass to chattels
Causation - ANS-The result giving rise to liability must have been legally caused by the
defendant's act OR something set in motion thereby.
satisfied where the conduct of defendant is a substantial factor in causing the harm.
Battery (elements) - ANS-1. act by the defendant which brings about HARMFUL or
OFFENSIVE CONTACT to the plaintiff's person
, 2. INTENT on the part of the defendant to bring about the harmful or offensive contact
to the plaintiff's person, AND
3. CAUSATION
Harmful or Offensive Contact - ANS-Contact is harmful or offensive if it causes actual
INJURY, PAIN, or DISFIGUREMENT.
Contact is offensive if it would be considered offensive by a REASONABLE PERSON of
ordinary sensibilities.
Contact is offensive if the P has not expressly or impliedly consented to it.
Plaintiff's Person - ANS-(for purposes of battery) anything CONNECTED to the plaintiff's
person is viewed as part of the plaintiff's person.
Battery Damages - ANS-Actual damages NOT required.
P can recover at least nominal damages even though he suffered no severe actual
damage.
In a majority of jdx, punitive damages MAY be recovered where defendant acted with
MALICE.
ASSAULT (elements) - ANS-1. an act by D creating a reasonable apprehension in
plaintiff of IMMEDIATE HARMFUL or OFFENSIVE CONTACT to plaintiff's person. AND
2. INTENT on the part of the defendant to bring about in the plaintiff apprehension of
immediate harmful or OFFENSIVE contact to plaintiff's person.
3. Causation.
Battery v. Assault - ANS-actual injury, paint, or disfigurement
vs.
reasonable apprehension in plaintiff of immediate harmful or offensive contact
Assault: Reasonable Apprehension - ANS-1. Requirement of Reasonableness (not
protection of exaggerated fears of contact) In determining whether apprehension is
reasonable --> reasonable person test.
2. Apprehension IS NOT the same as fear or intimidation. It is the sense of expectation
3. Knowledge of Act is REQUIRED
- words alone do not constitute assault. Must be accompanied by actions.
- immediacy is NECESSARY
Negations of Assault - ANS-Words may negate assault
Assault: conditional threat - ANS-conditional threat is sufficient
Assault: damages - ANS-no necessity to prove ACTUAL damages; plaintiff can recover
NOMINAL damages; most states allow punitive damages
Complete Solutions
Prima Facie Case (torts) - ANS-1. An ACT by defendant
2. Intent
3. Causation
Act by defendant - ANS-requires volitional movement
Specific Intent - ANS-An actor intends the consequences of his conduct if his
PURPOSE in acting is to bring about these consequences
General Intent - ANS-An actor INTENDS the consequences of his conduct if HE
KNOWS WITH SUBSTANTIAL CERTAINTY that these consequences will result
Transferred Intent Doctrine - ANS-applies where the defendant intends to commit a tort
against one person, but instead:
1. commits a different tort against that person,
2. commits the same tort intended, but against a different person, or
3. commits a different tort against a different person
the intent to commit a tort against one person is transferred to the other tort OR to the
injured person for purposes of establishing a prima facie case
Limitations on Use of "Transferred Intent Doctrine" - ANS-Transferred intent may ONLY
be invoked where the tort intended and the tort that results are both within the following
list:
1. assault
2. battery
3. false imprisonment
4. trespass to land, and
5. Trespass to chattels
Causation - ANS-The result giving rise to liability must have been legally caused by the
defendant's act OR something set in motion thereby.
satisfied where the conduct of defendant is a substantial factor in causing the harm.
Battery (elements) - ANS-1. act by the defendant which brings about HARMFUL or
OFFENSIVE CONTACT to the plaintiff's person
, 2. INTENT on the part of the defendant to bring about the harmful or offensive contact
to the plaintiff's person, AND
3. CAUSATION
Harmful or Offensive Contact - ANS-Contact is harmful or offensive if it causes actual
INJURY, PAIN, or DISFIGUREMENT.
Contact is offensive if it would be considered offensive by a REASONABLE PERSON of
ordinary sensibilities.
Contact is offensive if the P has not expressly or impliedly consented to it.
Plaintiff's Person - ANS-(for purposes of battery) anything CONNECTED to the plaintiff's
person is viewed as part of the plaintiff's person.
Battery Damages - ANS-Actual damages NOT required.
P can recover at least nominal damages even though he suffered no severe actual
damage.
In a majority of jdx, punitive damages MAY be recovered where defendant acted with
MALICE.
ASSAULT (elements) - ANS-1. an act by D creating a reasonable apprehension in
plaintiff of IMMEDIATE HARMFUL or OFFENSIVE CONTACT to plaintiff's person. AND
2. INTENT on the part of the defendant to bring about in the plaintiff apprehension of
immediate harmful or OFFENSIVE contact to plaintiff's person.
3. Causation.
Battery v. Assault - ANS-actual injury, paint, or disfigurement
vs.
reasonable apprehension in plaintiff of immediate harmful or offensive contact
Assault: Reasonable Apprehension - ANS-1. Requirement of Reasonableness (not
protection of exaggerated fears of contact) In determining whether apprehension is
reasonable --> reasonable person test.
2. Apprehension IS NOT the same as fear or intimidation. It is the sense of expectation
3. Knowledge of Act is REQUIRED
- words alone do not constitute assault. Must be accompanied by actions.
- immediacy is NECESSARY
Negations of Assault - ANS-Words may negate assault
Assault: conditional threat - ANS-conditional threat is sufficient
Assault: damages - ANS-no necessity to prove ACTUAL damages; plaintiff can recover
NOMINAL damages; most states allow punitive damages
