Tort Law final exam 2025 Questions and
Answers
Intentional tort - --Answer --A tort committed by one who intends to do
the act that creates the harm. Focused on the action, not the result
Transferred Intent - --Answer --when a defendant intends to harm one
individual, but unintentionally harms a second person
Battery - --Answer --Intentional offensive contact with another or their
property. Plaintiff knowledge of contact not necessary - i.e. date rape
Assault - --Answer --The intentional causing of fear or apprehension of an
imminent battery
False imprisonment - --Answer --The intentional confinement of another.
Transferred intent applies here as well
Intentional Infliction of Emotional Distress - --Answer --an intentional tort
in which the harm results from extreme and outrageous conduct that causes
serious emotional harm
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,Negligent Infliction of Emotional Distress - --Answer --Willful and wanton
disregard for conduct. Transferred intent generally does not apply
Trespass to land - --Answer --Intentional, wrongful entering or remaining on
land
Trespass to Chattels - --Answer --Intentional, wrongful interference with
another's use or possession of personal property
Conversion - --Answer --Intentional, wrongful interference with another's
use or possession of personal property to the extent defendant now owns property
- forced sale
When is it conversion? - --Answer --Extent and duration of defendant's
control over property; extent & duration of interference w/plaintiff's control;
defendant's intent; defendant's good faith; harm to chattel; plaintiff's
inconvenience
Defenses to intentional torts - --Answer --Consent, self-defense, defense
of/regain/reenter property, necessity
reasonable force - --Answer --A degree of force that is appropriate in a given
situation and is not excessive. Also, the minimum degree of force necessary to
protect oneself, one's property, a third party, or the property of another in the face
of a substantial threat. Reasonable belief of threat
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, Necessity as defense to Trespass - --Answer --damage a home to save a
community threatened by fire, no liability; cross land damage fence to avoid
accident - liable for property damage but not trespass
Trespassing animals (in common law) - --Answer --no liability for farm
animals if fenced in
Non-Trespassing Animals - --Answer ---Wild Animals- Strictly Liable
-Domestic Animals- owner is liable if knew or should have known of animal's
dangerous propensity; "one bite rule" does not exist
Strict Liability - --Answer --The legal responsibility for damage or injury
even if you are not negligent. Activity w/potential harm of a serious nature; activity
involves high degree of risk that cannot be guarded against by exercise of
reasonable care; activity not commonly performed
Abnormally Dangerous Activities - --Answer --ex. crop dusting, poisonous
gases
Not deemed abnormally dangerous - --Answer --airline travel, falling trees,
irrigation dams
Defenses to Strict Liability - --Answer --proximate cause
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Answers
Intentional tort - --Answer --A tort committed by one who intends to do
the act that creates the harm. Focused on the action, not the result
Transferred Intent - --Answer --when a defendant intends to harm one
individual, but unintentionally harms a second person
Battery - --Answer --Intentional offensive contact with another or their
property. Plaintiff knowledge of contact not necessary - i.e. date rape
Assault - --Answer --The intentional causing of fear or apprehension of an
imminent battery
False imprisonment - --Answer --The intentional confinement of another.
Transferred intent applies here as well
Intentional Infliction of Emotional Distress - --Answer --an intentional tort
in which the harm results from extreme and outrageous conduct that causes
serious emotional harm
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,Negligent Infliction of Emotional Distress - --Answer --Willful and wanton
disregard for conduct. Transferred intent generally does not apply
Trespass to land - --Answer --Intentional, wrongful entering or remaining on
land
Trespass to Chattels - --Answer --Intentional, wrongful interference with
another's use or possession of personal property
Conversion - --Answer --Intentional, wrongful interference with another's
use or possession of personal property to the extent defendant now owns property
- forced sale
When is it conversion? - --Answer --Extent and duration of defendant's
control over property; extent & duration of interference w/plaintiff's control;
defendant's intent; defendant's good faith; harm to chattel; plaintiff's
inconvenience
Defenses to intentional torts - --Answer --Consent, self-defense, defense
of/regain/reenter property, necessity
reasonable force - --Answer --A degree of force that is appropriate in a given
situation and is not excessive. Also, the minimum degree of force necessary to
protect oneself, one's property, a third party, or the property of another in the face
of a substantial threat. Reasonable belief of threat
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
, Necessity as defense to Trespass - --Answer --damage a home to save a
community threatened by fire, no liability; cross land damage fence to avoid
accident - liable for property damage but not trespass
Trespassing animals (in common law) - --Answer --no liability for farm
animals if fenced in
Non-Trespassing Animals - --Answer ---Wild Animals- Strictly Liable
-Domestic Animals- owner is liable if knew or should have known of animal's
dangerous propensity; "one bite rule" does not exist
Strict Liability - --Answer --The legal responsibility for damage or injury
even if you are not negligent. Activity w/potential harm of a serious nature; activity
involves high degree of risk that cannot be guarded against by exercise of
reasonable care; activity not commonly performed
Abnormally Dangerous Activities - --Answer --ex. crop dusting, poisonous
gases
Not deemed abnormally dangerous - --Answer --airline travel, falling trees,
irrigation dams
Defenses to Strict Liability - --Answer --proximate cause
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
