FYLSX Intentional Torts Against Persons 2 — Questions and Answers
Question 1: Dana grabs Paul's arm to prevent him from walking into traffic, holding him for 30 seconds against his will. Paul sues for false imprisonment. What is Dana's strongest defense?
- Consent
- Necessity (Correct answer)
- Self-defense
- The restraint was too brief to constitute imprisonment
Correct answer: Necessity
Necessity (or privilege) applies when the defendant acts to protect the plaintiff or others from harm, even without consent.
Question 2: An actor throws fake punches at another actor on stage as part of a scripted fight. The other actor, who agreed to the scene, is unexpectedly hit. Which defense most likely applies?
- Self-defense
- Consent (Correct answer)
- Necessity
- Assumption of risk only applies in negligence
Correct answer: Consent
Consent is a complete defense to battery when the plaintiff agreed to the contact that caused harm.
Question 3: A debt collector calls a debtor 20 times a day for three weeks, threatening false legal consequences. The debtor suffers severe anxiety. What tort best fits?
- Assault
- False imprisonment
- Intentional infliction of emotional distress (Correct answer)
- Defamation
Correct answer: Intentional infliction of emotional distress
IIED requires extreme and outrageous conduct, intent, and severe emotional distress — repeated harassing calls with false threats can satisfy all elements.
Question 4: Tom points a gun at Jerry and pulls the trigger. The gun misfires. Jerry, unaware the trigger was pulled, was looking away the entire time. Can Jerry recover for assault?
- Yes, because Tom intended to cause harm
- No, because Jerry had no apprehension of imminent contact (Correct answer)
- Yes, because Tom committed an attempted battery
- No, because the gun did not fire
Correct answer: No, because Jerry had no apprehension of imminent contact
Assault requires that the plaintiff actually experienced apprehension of imminent harmful or offensive contact; if Jerry was unaware, there is no assault.
Question 5: A surgeon performs an appendectomy on an unconscious patient who previously signed consent only for a gallbladder removal. The appendix was inflamed and was removed to save the patient's life. Is the surgeon liable for battery?
- Yes, because the patient only consented to the gallbladder procedure
- No, because emergency necessity extends the scope of consent (Correct answer)
- Yes, because the surgeon should have waited for new consent
- No, because medical professionals are always immune
Correct answer: No, because emergency necessity extends the scope of consent
Courts recognize implied emergency consent when additional surgery is immediately necessary to preserve life and the patient cannot consent.
Question 6: Which element distinguishes transferred intent from direct intent in tort law?
- The defendant must intend to harm a specific plaintiff
- Intent can transfer from the intended victim to an unintended victim or between certain torts (Correct answer)
- The defendant's motive must be malicious
- The plaintiff must be a foreseeable victim
Correct answer: Intent can transfer from the intended victim to an unintended victim or between certain torts
Under transferred intent, if a defendant intends to commit an intentional tort against one person but affects another, the intent transfers to the actual victim.
Question 7: A security guard locks a store for the night without checking the back room, trapping a customer who had fallen asleep. The guard had no knowledge of the customer. Is the guard liable for false imprisonment?
- Yes, because the customer was actually confined
- No, because false imprisonment requires intent to confine the plaintiff (Correct answer)
- Yes, because the guard was negligent
- No, because the customer assumed the risk of falling asleep in a store
Correct answer: No, because false imprisonment requires intent to confine the plaintiff
False imprisonment requires the defendant to intend the confinement; an unknowing act of locking a door without awareness of the plaintiff does not satisfy the intent element.
FYLSX Intentional Torts Against Persons 2
Dana grabs Paul's arm to prevent him from walking into traffic, holding him for 30 seconds against his will.
Paul sues for false imprisonment.
What is Dana's strongest defense?