FALL 2025 TORTS FINAL EXAM
QUESTIONS AND ANSWERS
Elements of Intentional Torts - ANS Volitional act, intent, a resulting consequence (causation)
Elements of Battery - ANS [1] Intent, [2] contact that is harmful or offensive, [3] with a
person of another
Intent for Battery - ANS Desire to make contact and knowledge to a substantial certainty that
such contact would be harmful or offensive (objective standard)
Single Intent Jurisdiction for Battery - ANS If a person intends to make contact with a person
of another that ends up being harmful or offensive, that person is liable for battery, regardless
of their intention to cause harm or offend.
Wagner v. Utah (2005) - ANS A woman was attacked by a mentally handicapped man in the
custody of the state.
Illustrates Single Intent Jurisdiction
Dual Intent Jurisdiction for Battery - ANS If a person not only intended to contact another
person, but ALSO intended for that contact to be harmful or offensive to the other person or
has knowledge to a substantial certainty that such conduct would be harmful or offensive, then
they have committed a battery.
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, White v. Muniz (2000) - ANS Worker attacked by elderly patient at care center.
Illustrates Dual Intent Jurisdiction
Elements of Assault - ANS [1] intent [2] to cause a reasonable apprehension [3] of harmful or
offensive contact
Intent for Assault - ANS Desire to do something and knowledge to a substantial certainty that
that action would cause a reasonable apprehension of offensive contact
To Cause Reasonable Apprehension for Assault - ANS A reasonable person would perceive
that contact was imminent
Harmful or Offensive Conduct for Assault - ANS contact MUST be imminent and not
conditional
Transferred intent - ANS recognized between assault and battery and person to person
Elements of Intentional Infliction of Emotional Distress - ANS [1] extreme and outrageous
conduct that [2] intentionally or recklessly [3] causes [4] severe emotional distress
Extreme and outrageous conduct - ANS The recitation of the facts to an average member of
the community would arouse his resentment against the actor and lead him or her to exclaim,
"Outrageous!"
Shumate v. Twin Tower Hospitality, LLC (2009) - ANS An instance of overt racial
discrimination can meet the standard of "extreme and outrageous" conduct under Intentional
Infliction of Emotional Distress.
2 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
QUESTIONS AND ANSWERS
Elements of Intentional Torts - ANS Volitional act, intent, a resulting consequence (causation)
Elements of Battery - ANS [1] Intent, [2] contact that is harmful or offensive, [3] with a
person of another
Intent for Battery - ANS Desire to make contact and knowledge to a substantial certainty that
such contact would be harmful or offensive (objective standard)
Single Intent Jurisdiction for Battery - ANS If a person intends to make contact with a person
of another that ends up being harmful or offensive, that person is liable for battery, regardless
of their intention to cause harm or offend.
Wagner v. Utah (2005) - ANS A woman was attacked by a mentally handicapped man in the
custody of the state.
Illustrates Single Intent Jurisdiction
Dual Intent Jurisdiction for Battery - ANS If a person not only intended to contact another
person, but ALSO intended for that contact to be harmful or offensive to the other person or
has knowledge to a substantial certainty that such conduct would be harmful or offensive, then
they have committed a battery.
1 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
, White v. Muniz (2000) - ANS Worker attacked by elderly patient at care center.
Illustrates Dual Intent Jurisdiction
Elements of Assault - ANS [1] intent [2] to cause a reasonable apprehension [3] of harmful or
offensive contact
Intent for Assault - ANS Desire to do something and knowledge to a substantial certainty that
that action would cause a reasonable apprehension of offensive contact
To Cause Reasonable Apprehension for Assault - ANS A reasonable person would perceive
that contact was imminent
Harmful or Offensive Conduct for Assault - ANS contact MUST be imminent and not
conditional
Transferred intent - ANS recognized between assault and battery and person to person
Elements of Intentional Infliction of Emotional Distress - ANS [1] extreme and outrageous
conduct that [2] intentionally or recklessly [3] causes [4] severe emotional distress
Extreme and outrageous conduct - ANS The recitation of the facts to an average member of
the community would arouse his resentment against the actor and lead him or her to exclaim,
"Outrageous!"
Shumate v. Twin Tower Hospitality, LLC (2009) - ANS An instance of overt racial
discrimination can meet the standard of "extreme and outrageous" conduct under Intentional
Infliction of Emotional Distress.
2 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
