TORT MULTIPLE CHOICE QUESTIONS WITH
COMPLETE SOLUTIONS
Assume |Puckaluck |can |establish |the |act, |contact, |causation, |and |injury |elements |of |battery. |
Can |Siobhan |be |liable |to |Puckaluck's |estate |for |battery?
Siobhan, |hating |Puckaluck |and |wishing |to |injure |him, |had |no |reason |to |have |confidence |in |her
|bomb-building |skills. |She |had |flunked |high |school |chemistry. |Nevertheless, |she |found |on |the |
Internet |a |set |of |directions |for |making |a |crude |explosive |device, |and |followed |them |as |best |as |
she |could |to |create |a |letter |bomb. |She |mailed |Puckaluck |this |letter |bomb, |laughing |at |herself |
for |attempting |such |a |futile |experiment. |Against |all |odds, |the |letter |bomb |exploded |in |
Puckaluck's |hands, |killing |him. |
A) |Yes, |because |Siobhan's |purpose |is |sufficient |to |establish |intent
B) |No, |because |Siobhan |only |wanted |to |injure, |not |kill |Puckaluck. |
C) |No, |because |Siobhan |lacked |substantial |certainty |that |harmful |contact |would |result.
D) |Yes, |because |even |though |Siobhan |doubted |that |the |letter |- |CORRECT |ANSWER✔✔-a
Which |of |the |following |statements |concerning |Bob's |battery |claim |against |Scott |is |accurate:
Scott |is |at |the |club |and |sees |Bob, |who |owes |Scott |money. |Scott |demands |payment, |but |Bob |
doesn't |have |all |the |money |he |owes |Scott. |Scott |takes |his |gun |out |of |his |pocket. |While |holding
|the |gun |in |his |hand, |Scott |hits |Bob |on |the |side |of |the |head. |Scott |pulls |his |hand |back |to |again |
hit |Bob, |but |the |gun |goes |off, |shooting |Bob |in |the |stomach |and |injuring |him.
|
,A) |If |the |jurisdiction |follows |dual |intent, |Bob |would |be |unable |to |establish |intent |because |
Scott |did |not |intend |to |shoot |Bob.
B) |It |would |likely |be |easier |for |Bob |to |establish |intent |if |the |jurisdiction |follows |dual |intent |
(the |minority |rule) |than |if |it |follows |the |single |intent |rule |(the |majority |rule). |
C) |If |Scott |did |not |actually |want |to |hit |(or |shoot) |Bob |the |second |time, |Bob |will |likely |be |
unable |to |establish |intent |regardless |of |the |rule |the |jurisdiction |follows. |- |CORRECT |
ANSWER✔✔-d
Of |the |following, |which |constitutes |the |airline's |strongest |argument |against |liability?
On |board |the |commercial |airline |flight, |things |were |going |fine |until |the |captain |accidentally |
played |for |the |passengers |a |pre-recorded |announcement |stating |that |the |plane |was |about |to |
crash |into |the |sea. |There |was |no |actual |emergency, |and |after |a |short |time, |the |captain |
realized |the |error |and |announced |that |all |was |well |and |that |the |first |announcement |had |been |
a |mistake. |Daphne, |an |elderly |passenger, |suffered |a |serious |anxiety |attack |as |a |result |of |the |
erroneous |announcement. |Daphne |brings |an |action |against |the |airline |for |intentional |infliction
|of |emotional |distress.
A) |Daphne |was |extra |sensitive.
B) |There |was |no |intent.
C) |The |conduct |was |not |extreme |and |outrageous.
D) |Daphne |did |not |suffer |physical |injury. |- |CORRECT |ANSWER✔✔-b
Which |of |the |following |statements |best |predicts |the |outcome |of |Crane's |action |and |the |
primary |reason |for |that |outcome? |
, District |Attorney |Doyle |was |sick |and |tired |of |divorced |persons |who |failed |to |make |court-
ordered |child |support |payments. |To |crack |down |on |these |"deadbeat |parents," |Doyle |
constructed |a |large |billboard |in |a |prominent |location. |Each |month, |the |billboard |featured |a |
photo |of |the |"Deadbeat |Parent |of |the |Month," |and |a |statement |of |how |much |the |person |
owed |for |child |support. |For |April, |and |as |an |April |Fool's |joke |on |her |old |friend |Giles |Crane, |
Doyle |posted |Crane's |photo |and |a |statement |that |Crane |owed |more |than |$20,000 |in |child |
support. |When |Crane |learned |of |the |poster, |he |suffered |serious |emotional |distress, |eventually |
leading |to |the |breakup |of |his |marriage. |He |became |a |shut-in, |refusing |to |leave |his |luxury |
condo. |He |brings |an |action |against |Doyle |for |intentional |infliction |of |emotional |distress. |
Assume |Do |- |CORRECT |ANSWER✔✔-d
Of |the |following |arguments, |which |gives |Dan |the |greatest |chance |of |avoiding |liability?
Laureen |agreed |to |undergo |surgery |performed |by |Dan. |Dan |was |HIV-positive, |but |did |not |
inform |Laureen |of |this |fact |because |he |genuinely |believed |it |to |be |a |private |matter |that |posed
|no |risk |to |her. |Dan |carefully |avoided |cutting |himself |during |surgery, |and |the |surgery |was |
successful. |Six |months |after |the |surgery, |however, |Laureen |learned |of |Dan's |HIV |status. |She |
became |extremely |apprehensive, |and |took |an |HIV |test |which, |fortunately, |proved |to |be |
negative. |Nevertheless, |the |anxiety |she |suffered |was |extremely |severe, |and |led |to |significant |
weight |loss |and |other |physical |illness. |Laureen |has |consulted |an |attorney, |who |is |considering |
filing |a |claim |for |intentional |infliction |of |emotional |distress |on |Lauren's |behalf |against |Dan.
A) |Because |Dan |did |not |act |maliciously, |he |did |not |satisfy |the |intent |requirement, |and |Laureen
|cannot |recover |- |CORRECT |ANSWER✔✔-b
With |her |newfound |legal |knowledge, |Pauline |wants |to |explore |her |tort |law |options |against |
Donald. |Her |options |are |as |such:
Donald |was |eating |his |lunch |at |the |law |school. |He |looked |in |his |bag |and |realized |he |didn't |
have |his |laptop. |Thinking |he |had |left |it |in |his |torts |class, |Donald |went |back |to |that |classroom. |
He |saw |a |mac |laptop |on |one |of |the |row |of |desks |near |his |seat |and |grabbed |it. |Donald |put |the
|laptop |in |his |backpack |and |didn't |think |about |it |again |until |he |was |about |to |leave |school. |He |
COMPLETE SOLUTIONS
Assume |Puckaluck |can |establish |the |act, |contact, |causation, |and |injury |elements |of |battery. |
Can |Siobhan |be |liable |to |Puckaluck's |estate |for |battery?
Siobhan, |hating |Puckaluck |and |wishing |to |injure |him, |had |no |reason |to |have |confidence |in |her
|bomb-building |skills. |She |had |flunked |high |school |chemistry. |Nevertheless, |she |found |on |the |
Internet |a |set |of |directions |for |making |a |crude |explosive |device, |and |followed |them |as |best |as |
she |could |to |create |a |letter |bomb. |She |mailed |Puckaluck |this |letter |bomb, |laughing |at |herself |
for |attempting |such |a |futile |experiment. |Against |all |odds, |the |letter |bomb |exploded |in |
Puckaluck's |hands, |killing |him. |
A) |Yes, |because |Siobhan's |purpose |is |sufficient |to |establish |intent
B) |No, |because |Siobhan |only |wanted |to |injure, |not |kill |Puckaluck. |
C) |No, |because |Siobhan |lacked |substantial |certainty |that |harmful |contact |would |result.
D) |Yes, |because |even |though |Siobhan |doubted |that |the |letter |- |CORRECT |ANSWER✔✔-a
Which |of |the |following |statements |concerning |Bob's |battery |claim |against |Scott |is |accurate:
Scott |is |at |the |club |and |sees |Bob, |who |owes |Scott |money. |Scott |demands |payment, |but |Bob |
doesn't |have |all |the |money |he |owes |Scott. |Scott |takes |his |gun |out |of |his |pocket. |While |holding
|the |gun |in |his |hand, |Scott |hits |Bob |on |the |side |of |the |head. |Scott |pulls |his |hand |back |to |again |
hit |Bob, |but |the |gun |goes |off, |shooting |Bob |in |the |stomach |and |injuring |him.
|
,A) |If |the |jurisdiction |follows |dual |intent, |Bob |would |be |unable |to |establish |intent |because |
Scott |did |not |intend |to |shoot |Bob.
B) |It |would |likely |be |easier |for |Bob |to |establish |intent |if |the |jurisdiction |follows |dual |intent |
(the |minority |rule) |than |if |it |follows |the |single |intent |rule |(the |majority |rule). |
C) |If |Scott |did |not |actually |want |to |hit |(or |shoot) |Bob |the |second |time, |Bob |will |likely |be |
unable |to |establish |intent |regardless |of |the |rule |the |jurisdiction |follows. |- |CORRECT |
ANSWER✔✔-d
Of |the |following, |which |constitutes |the |airline's |strongest |argument |against |liability?
On |board |the |commercial |airline |flight, |things |were |going |fine |until |the |captain |accidentally |
played |for |the |passengers |a |pre-recorded |announcement |stating |that |the |plane |was |about |to |
crash |into |the |sea. |There |was |no |actual |emergency, |and |after |a |short |time, |the |captain |
realized |the |error |and |announced |that |all |was |well |and |that |the |first |announcement |had |been |
a |mistake. |Daphne, |an |elderly |passenger, |suffered |a |serious |anxiety |attack |as |a |result |of |the |
erroneous |announcement. |Daphne |brings |an |action |against |the |airline |for |intentional |infliction
|of |emotional |distress.
A) |Daphne |was |extra |sensitive.
B) |There |was |no |intent.
C) |The |conduct |was |not |extreme |and |outrageous.
D) |Daphne |did |not |suffer |physical |injury. |- |CORRECT |ANSWER✔✔-b
Which |of |the |following |statements |best |predicts |the |outcome |of |Crane's |action |and |the |
primary |reason |for |that |outcome? |
, District |Attorney |Doyle |was |sick |and |tired |of |divorced |persons |who |failed |to |make |court-
ordered |child |support |payments. |To |crack |down |on |these |"deadbeat |parents," |Doyle |
constructed |a |large |billboard |in |a |prominent |location. |Each |month, |the |billboard |featured |a |
photo |of |the |"Deadbeat |Parent |of |the |Month," |and |a |statement |of |how |much |the |person |
owed |for |child |support. |For |April, |and |as |an |April |Fool's |joke |on |her |old |friend |Giles |Crane, |
Doyle |posted |Crane's |photo |and |a |statement |that |Crane |owed |more |than |$20,000 |in |child |
support. |When |Crane |learned |of |the |poster, |he |suffered |serious |emotional |distress, |eventually |
leading |to |the |breakup |of |his |marriage. |He |became |a |shut-in, |refusing |to |leave |his |luxury |
condo. |He |brings |an |action |against |Doyle |for |intentional |infliction |of |emotional |distress. |
Assume |Do |- |CORRECT |ANSWER✔✔-d
Of |the |following |arguments, |which |gives |Dan |the |greatest |chance |of |avoiding |liability?
Laureen |agreed |to |undergo |surgery |performed |by |Dan. |Dan |was |HIV-positive, |but |did |not |
inform |Laureen |of |this |fact |because |he |genuinely |believed |it |to |be |a |private |matter |that |posed
|no |risk |to |her. |Dan |carefully |avoided |cutting |himself |during |surgery, |and |the |surgery |was |
successful. |Six |months |after |the |surgery, |however, |Laureen |learned |of |Dan's |HIV |status. |She |
became |extremely |apprehensive, |and |took |an |HIV |test |which, |fortunately, |proved |to |be |
negative. |Nevertheless, |the |anxiety |she |suffered |was |extremely |severe, |and |led |to |significant |
weight |loss |and |other |physical |illness. |Laureen |has |consulted |an |attorney, |who |is |considering |
filing |a |claim |for |intentional |infliction |of |emotional |distress |on |Lauren's |behalf |against |Dan.
A) |Because |Dan |did |not |act |maliciously, |he |did |not |satisfy |the |intent |requirement, |and |Laureen
|cannot |recover |- |CORRECT |ANSWER✔✔-b
With |her |newfound |legal |knowledge, |Pauline |wants |to |explore |her |tort |law |options |against |
Donald. |Her |options |are |as |such:
Donald |was |eating |his |lunch |at |the |law |school. |He |looked |in |his |bag |and |realized |he |didn't |
have |his |laptop. |Thinking |he |had |left |it |in |his |torts |class, |Donald |went |back |to |that |classroom. |
He |saw |a |mac |laptop |on |one |of |the |row |of |desks |near |his |seat |and |grabbed |it. |Donald |put |the
|laptop |in |his |backpack |and |didn't |think |about |it |again |until |he |was |about |to |leave |school. |He |
