Torts · Intentional Torts

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MBE Torts: Intentional Torts

Explore the critical components and legal principles surrounding intentional torts as tested on the MBE.

Overview

Intentional torts encompass a variety of civil wrongs that result from intentional actions, as opposed to negligence or strict liability. The foundational concept is that a defendant must have intended to commit the action that led to the harm, whether through direct actions or indirectly through substantial certainty of causing the harm. The MBE tests candidates on traditional intentional torts such as battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, and conversion, emphasizing their definitions, elements, and defenses.

Understanding the nuances of each tort is crucial, as many questions will include fact patterns that require identification of specific torts and their elements. Certain defenses, such as consent and self-defense, may also apply, and candidates must be adept at recognizing when these defenses are applicable and how they mitigate liability. Exam questions may involve a blend of different torts occurring within a single scenario, testing the examinee’s ability to disentangle complex fact patterns and apply the relevant law accurately.

Key Rules
  1. An intentional tort requires the defendant to intend to cause the consequence or to be substantially certain that it will occur.
  2. Battery is the intentional infliction of harmful or offensive contact with another person.
  3. Assault is an intentional act that creates a reasonable apprehension of imminent harmful or offensive contact.
  4. False imprisonment occurs when a person is confined or restrained against their will without legal justification.
  5. Intentional infliction of emotional distress requires extreme and outrageous conduct that results in severe emotional distress.
  6. Trespass to land involves entering or remaining on the land of another without permission.
  7. Conversion is the intentional exercise of dominion or control over someone's personal property that interferes with their right to possess it.
  8. Defenses to intentional torts include consent, self-defense, defense of others, and necessity.
Common Question Patterns
  • Identify the intentional tort that best fits the given fact pattern.
  • Analyze the applicability of potential defenses to a claimed tort.
  • Evaluate multiple acts in a single scenario to determine liability for the various torts.
Practice Questions

1. A woman is in a crowded subway train when she sees a man making threats and waving a knife. Fearing for her life, she pushes him aside to escape. The man is injured from the push. Can the woman be liable for battery?

A. A) Yes, because she made contact with him.

B. B) No, because she acted in self-defense.(Correct)

C. C) Yes, because the contact was intentional.

D. D) No, because of the circumstances of fear.

Explanation: The woman acted in self-defense due to the imminent threat to her safety, which provides a legitimate defense against battery.

2. A store owner confronts a suspected shoplifter and detains him in the back room for 30 minutes without evidence of theft. The shoplifter sues for false imprisonment. What is the likely result?

A. A) The store owner wins, as he had a reasonable belief of shoplifting.

B. B) The store owner loses, as the detention was unreasonable and lacked legal justification.(Correct)

C. C) The shoplifter loses, since he could leave if he wanted.

D. D) The shoplifter loses, as he was not physically harmed.

Explanation: The store owner loses because the detention was not based on probable cause and exceeded a reasonable time frame.

3. During a heated argument, one neighbor throws a rock at another's house, intending to scare the neighbor. The rock causes a small dent in the wall. What tort has been committed?

A. A) Battery

B. B) Assault

C. C) Trespass to chattels

D. D) Trespass to land(Correct)

Explanation: The act of throwing a rock at another person’s home without permission constitutes trespass to land, as it encroached on the neighbor’s property.

4. A comedian tells a joke about a well-known public figure that includes false statements about the individual's personal life. If the public figure sues for intentional infliction of emotional distress, what must they prove?

A. A) The joke was a factual statement.

B. B) The comedian acted with actual malice.(Correct)

C. C) The public figure was not a public figure.

D. D) The statements caused physical harm.

Explanation: Public figures must prove actual malice in claims of intentional infliction of emotional distress, requiring knowledge of falsehood or reckless disregard for the truth.

5. In a famous park, a person sets up a BBQ grill and accidentally causes a fire that damages the surrounding area. What is the tort involved if the fire was started intentionally?

A. A) Battery(Correct)

B. B) Intentional infliction of emotional distress

C. C) Conversion

D. D) Trespass to land

Explanation: If the fire was started intentionally, it could be considered battery if the damage was harmful or offensive to the landowners.

Test-Taking Tips
  • Read fact patterns carefully to identify the specific tort and determine the defendant's intent.
  • Consider possible defenses to liability; knowing when a defense is applicable can lead to a better outcome in multiple-choice questions.
  • Practice differentiating between similar torts, such as battery and assault, to sharpen understanding of their unique elements.

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