Business Law Midterm University of
Utah STRAT 3410
What element do all intentional torts have in common? - correct answer Affirmative & Volitional Act
In an intentional torts case, what is the plaintiff trying to prove? - correct answer Prima Facie, this is the
burden of proof
Prima Facie - correct answer First look
What is the simplest tort? - correct answer Battery
What is the meaning of affirmative? - correct answer An act actually done
Someone runs into a fire and you do not throw water on them. Is this an affirmative act? - correct
answer No, not affirmative, therefore not a tort, because you did not act.
What is the meaning of acting with volition? - correct answer Acting purposefully and voluntarily, making
a conscious choice to act. Individual decides on and commits to a particular course of action.
To win a tort case, must you prove all elements? - correct answer Yes
What are the elements of battery? - correct answer - an affirmative and volitional act
- with intent to cause a harmful or offensive contact with the plaintiff or a third person
- that directly or indirectly causes a harmful or offensive contact to a person or an object closely
identified with the plaintiff's body
What is the first element of battery? - correct answer An affirmative and volitional act
,What is the second element of battery? - correct answer With intent to cause a harmful or offensive
contact with the plaintiff or a third person
What is the third element of battery? - correct answer That directly or indirectly causes a harmful or
offensive contact to a person or an object closely identified with the plaintiff's body
What case readings did we read about battery? - correct answer Wagner v. State of Utah, Palsgraf v. Long
Island RailRoad
What must be done involving intent and consequence of actions? - correct answer SEPARATE THEM.
Intent is divided from consequence of action.
What are the elements of assault? - correct answer - affirmative & volitional act
- with intent to cause a harmful or offensive contact to plaintiff or third person OR with intent to cause
an apprehension ("Fearful knowledge") of an immediate harmful or offensive contact
- that creates in the mind of the plaintiff a reasonable apprehension of such contact
What is the first element of assault? - correct answer An affirmative & volitional act
What is the second element of assault? - correct answer With intent to cause a harmful or offensive
contact to plaintiff or third person OR with intent to cause an apprehension ("fearful knowledge") of an
immediate harmful or offensive contact
What is the third element of assault? - correct answer That creates in the mind of the plaintiff a
reasonable apprehension of such contact
Difference between battery and assault? - correct answer Battery - touching
Assault - apprehension (fear of contact)
What are the elements of false imprisonment? - correct answer - affirmative & volitional act
- with intent to confine the plaintiff or a third person within boundaries set by the defendant
- that directly or indirectly result in such confinement without a reasonable means of escape
, - the plaintiff was either conscious of or harmed by the confinement
What is the first element of false imprisonment? - correct answer Affirmative and volitional act
What is the second element of false imprisonment? - correct answer With intent to confine the plaintiff
or a third person within boundaries set by the defendant
What is the third element of false imprisonment? - correct answer That directly or indirectly results in
such confinement without a reasonable means of escape
What is the fourth element of false imprisonment? - correct answer The plaintiff was either conscious of
or harmed by the confinement
Does confinement have to be physical to constitute as false imprisonment? - correct answer No
When thinking of the third element of false imprisonment, what two questions should one ask oneself? -
correct answer 1. Am I confined?
2. Is there a reasonable means of escape?
What are the elements of IIED? - correct answer - affirmative & volitional act
- either intentional OR reckless
- Purpose of inflicting severe emotional distress
- Substantial certainty that severe emotional distress will occur
- The act must consist of extreme & outrageous conduct
- The plaintiff must have suffered from severe emotional distress
What is the first element of IIED? - correct answer Affirmative and volitional act
What is the second element of IIED? - correct answer Either intentional OR reckless
Utah STRAT 3410
What element do all intentional torts have in common? - correct answer Affirmative & Volitional Act
In an intentional torts case, what is the plaintiff trying to prove? - correct answer Prima Facie, this is the
burden of proof
Prima Facie - correct answer First look
What is the simplest tort? - correct answer Battery
What is the meaning of affirmative? - correct answer An act actually done
Someone runs into a fire and you do not throw water on them. Is this an affirmative act? - correct
answer No, not affirmative, therefore not a tort, because you did not act.
What is the meaning of acting with volition? - correct answer Acting purposefully and voluntarily, making
a conscious choice to act. Individual decides on and commits to a particular course of action.
To win a tort case, must you prove all elements? - correct answer Yes
What are the elements of battery? - correct answer - an affirmative and volitional act
- with intent to cause a harmful or offensive contact with the plaintiff or a third person
- that directly or indirectly causes a harmful or offensive contact to a person or an object closely
identified with the plaintiff's body
What is the first element of battery? - correct answer An affirmative and volitional act
,What is the second element of battery? - correct answer With intent to cause a harmful or offensive
contact with the plaintiff or a third person
What is the third element of battery? - correct answer That directly or indirectly causes a harmful or
offensive contact to a person or an object closely identified with the plaintiff's body
What case readings did we read about battery? - correct answer Wagner v. State of Utah, Palsgraf v. Long
Island RailRoad
What must be done involving intent and consequence of actions? - correct answer SEPARATE THEM.
Intent is divided from consequence of action.
What are the elements of assault? - correct answer - affirmative & volitional act
- with intent to cause a harmful or offensive contact to plaintiff or third person OR with intent to cause
an apprehension ("Fearful knowledge") of an immediate harmful or offensive contact
- that creates in the mind of the plaintiff a reasonable apprehension of such contact
What is the first element of assault? - correct answer An affirmative & volitional act
What is the second element of assault? - correct answer With intent to cause a harmful or offensive
contact to plaintiff or third person OR with intent to cause an apprehension ("fearful knowledge") of an
immediate harmful or offensive contact
What is the third element of assault? - correct answer That creates in the mind of the plaintiff a
reasonable apprehension of such contact
Difference between battery and assault? - correct answer Battery - touching
Assault - apprehension (fear of contact)
What are the elements of false imprisonment? - correct answer - affirmative & volitional act
- with intent to confine the plaintiff or a third person within boundaries set by the defendant
- that directly or indirectly result in such confinement without a reasonable means of escape
, - the plaintiff was either conscious of or harmed by the confinement
What is the first element of false imprisonment? - correct answer Affirmative and volitional act
What is the second element of false imprisonment? - correct answer With intent to confine the plaintiff
or a third person within boundaries set by the defendant
What is the third element of false imprisonment? - correct answer That directly or indirectly results in
such confinement without a reasonable means of escape
What is the fourth element of false imprisonment? - correct answer The plaintiff was either conscious of
or harmed by the confinement
Does confinement have to be physical to constitute as false imprisonment? - correct answer No
When thinking of the third element of false imprisonment, what two questions should one ask oneself? -
correct answer 1. Am I confined?
2. Is there a reasonable means of escape?
What are the elements of IIED? - correct answer - affirmative & volitional act
- either intentional OR reckless
- Purpose of inflicting severe emotional distress
- Substantial certainty that severe emotional distress will occur
- The act must consist of extreme & outrageous conduct
- The plaintiff must have suffered from severe emotional distress
What is the first element of IIED? - correct answer Affirmative and volitional act
What is the second element of IIED? - correct answer Either intentional OR reckless
