©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM
Torts I Study Set Questions and Answers (100% Pass)
What is a tort? - Answer✔️✔️-An act or omission that gives rise to injury or
harm to another and amounts to a civil wrong for which courts impose
liability.
Would likely not be the subject of a tort claim? - Answer✔️✔️-A person not
making a car payment
Which of the following are differences between torts and crimes? -
Answer✔️✔️-- The parties involved
- The remedies
- The burden of proof
The purpose of tort law? - Answer✔️✔️-- Compensate injured parties
- Shift loss to responsible parties
- Deter wrongful conduct
If Jan is injured when Dale intentionally hits her, which of the following
remedies would be the primary way of compensating her for her injuries in
a tort case? - Answer✔️✔️-Compensatory damages
What type of remedy in a tort case is primarily designed to deter wrongful
conduct? - Answer✔️✔️-Punitive damages
What are the three main types of torts? - Answer✔️✔️-Intentional torts,
negligence, strict liability
1
,©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM
Which of the following accurately describes a difference between battery
and negligence? - Answer✔️✔️-Battery requires intent to touch and
negligence requires a breach of duty.
Which of the following would likely be an intentional tort? - Answer✔️✔️-A
person purposefully hurts another person
Which of the following is true about strict liability? - Answer✔️✔️-- A
defendant can be liable even if they did not intend to cause harm
- A defendant can be liable even if they used due care
- Strict liability claims generally involve dangerous activities, dangerous
products, and injuries from animals.
In Snyder v. Turk, why did the court of appeals determine that the trial
court erred in granting the directed verdict for the doctor on the claim of
battery? - Answer✔️✔️-Because a reasonable jury could find that the doctor
intended offensive contact.
Why did the defendant's touching and seeing the women unclothed in
Cohen v. Smith constitute offensive contact? - Answer✔️✔️-The defendant
was aware that the women had not consented to being seen unclothed or
touched by a man.
How is offensive contact defined? - Answer✔️✔️-Contact that offends a
reasonable sense of personal dignity.
2
, ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM
Which of the following demonstrate the required intent to commit harmful
or offensive contact? - Answer✔️✔️-The defendant desired contact with the
plaintiff, or it was substantially certain that contact would occur.
According to the court in Garratt v. Dailey, how could Bryan Dailey's
intent to commit harmful or offensive contact be shown? - Answer✔️✔️-If he
moved the chair when the person was in the act of sitting down in the
chair, or if he moved the chair when he was substantially certain that the
person would try to sit down where the chair had been.
Why were the plaintiff's claims in Baska v. Scherzer considered battery
claims and not negligence claims? - Answer✔️✔️-Because the defendants
intended to hit each other and that intent transfers to the contact to the
plaintiff who was an unintended target.
What are the required elements of battery? - Answer✔️✔️-Intent to cause
harmful or offensive contact and harmful or offensive contact results.
Dale is taking a walk on a trail with his friends. They are way ahead of him
and he decides to throw a rock and hit Mark so that his friends will realize
that he is far behind. It is a very small rock and Dale does not intend to
hurt Mark. He just wants to get his attention. The rock hits Mark in the
head and causes serious injuries. Is Dale liable for these injuries? -
Answer✔️✔️-Yes, because a defendant can be liable for harm that is worse
than intended.
Dale is taking a walk on a trail with his friends. They are way ahead of him
and he decides to throw a rock and hit Mark so that his friends will realize
3
Torts I Study Set Questions and Answers (100% Pass)
What is a tort? - Answer✔️✔️-An act or omission that gives rise to injury or
harm to another and amounts to a civil wrong for which courts impose
liability.
Would likely not be the subject of a tort claim? - Answer✔️✔️-A person not
making a car payment
Which of the following are differences between torts and crimes? -
Answer✔️✔️-- The parties involved
- The remedies
- The burden of proof
The purpose of tort law? - Answer✔️✔️-- Compensate injured parties
- Shift loss to responsible parties
- Deter wrongful conduct
If Jan is injured when Dale intentionally hits her, which of the following
remedies would be the primary way of compensating her for her injuries in
a tort case? - Answer✔️✔️-Compensatory damages
What type of remedy in a tort case is primarily designed to deter wrongful
conduct? - Answer✔️✔️-Punitive damages
What are the three main types of torts? - Answer✔️✔️-Intentional torts,
negligence, strict liability
1
,©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM
Which of the following accurately describes a difference between battery
and negligence? - Answer✔️✔️-Battery requires intent to touch and
negligence requires a breach of duty.
Which of the following would likely be an intentional tort? - Answer✔️✔️-A
person purposefully hurts another person
Which of the following is true about strict liability? - Answer✔️✔️-- A
defendant can be liable even if they did not intend to cause harm
- A defendant can be liable even if they used due care
- Strict liability claims generally involve dangerous activities, dangerous
products, and injuries from animals.
In Snyder v. Turk, why did the court of appeals determine that the trial
court erred in granting the directed verdict for the doctor on the claim of
battery? - Answer✔️✔️-Because a reasonable jury could find that the doctor
intended offensive contact.
Why did the defendant's touching and seeing the women unclothed in
Cohen v. Smith constitute offensive contact? - Answer✔️✔️-The defendant
was aware that the women had not consented to being seen unclothed or
touched by a man.
How is offensive contact defined? - Answer✔️✔️-Contact that offends a
reasonable sense of personal dignity.
2
, ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM
Which of the following demonstrate the required intent to commit harmful
or offensive contact? - Answer✔️✔️-The defendant desired contact with the
plaintiff, or it was substantially certain that contact would occur.
According to the court in Garratt v. Dailey, how could Bryan Dailey's
intent to commit harmful or offensive contact be shown? - Answer✔️✔️-If he
moved the chair when the person was in the act of sitting down in the
chair, or if he moved the chair when he was substantially certain that the
person would try to sit down where the chair had been.
Why were the plaintiff's claims in Baska v. Scherzer considered battery
claims and not negligence claims? - Answer✔️✔️-Because the defendants
intended to hit each other and that intent transfers to the contact to the
plaintiff who was an unintended target.
What are the required elements of battery? - Answer✔️✔️-Intent to cause
harmful or offensive contact and harmful or offensive contact results.
Dale is taking a walk on a trail with his friends. They are way ahead of him
and he decides to throw a rock and hit Mark so that his friends will realize
that he is far behind. It is a very small rock and Dale does not intend to
hurt Mark. He just wants to get his attention. The rock hits Mark in the
head and causes serious injuries. Is Dale liable for these injuries? -
Answer✔️✔️-Yes, because a defendant can be liable for harm that is worse
than intended.
Dale is taking a walk on a trail with his friends. They are way ahead of him
and he decides to throw a rock and hit Mark so that his friends will realize
3
