SOLUTIONS
What is a tort? - ✅✅✅CORRECT -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? - ✅✅✅CORRECT -A person not making a car
payment
Which of the following are differences between torts and crimes? - ✅✅✅CORRECT -- The parties
involved
- The remedies
- The burden of proof
The purpose of tort law? - ✅✅✅CORRECT -- 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? - ✅✅✅CORRECT -Compensatory damages
What type of remedy in a tort case is primarily designed to deter wrongful conduct? - ✅✅✅CORRECT
-Punitive damages
What are the three main types of torts? - ✅✅✅CORRECT -Intentional torts, negligence, strict liability
Which of the following accurately describes a difference between battery and negligence? -
✅✅✅CORRECT -Battery requires intent to touch and negligence requires a breach of duty.
,Which of the following would likely be an intentional tort? - ✅✅✅CORRECT -A person purposefully
hurts another person
Which of the following is true about strict liability? - ✅✅✅CORRECT -- 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? - ✅✅✅CORRECT -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? - ✅✅✅CORRECT -The defendant was aware that the women had not consented
to being seen unclothed or touched by a man.
How is offensive contact defined? - ✅✅✅CORRECT -Contact that offends a reasonable sense of
personal dignity.
Which of the following demonstrate the required intent to commit harmful or offensive contact? -
✅✅✅CORRECT -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? - ✅✅✅CORRECT -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?
- ✅✅✅CORRECT -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? - ✅✅✅CORRECT -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? - ✅✅✅CORRECT -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 that he is far behind. The rock hits Paula instead, but she is
not seriously injured. Did Dale commit battery? - ✅✅✅CORRECT -Yes, because Dale intended to hit
Mark with the rock and that intent transfers to over to Paula.
Dale is out hunting with his friends. He has his gun out and loaded and forgets to put the safety on as he
is walking. He trips and falls and the gun goes off and a shell hits his friend about 20 yards away. Did Dale
commit battery? - ✅✅✅CORRECT -No, because his actions were not voluntary or intentional.
Which of the following best represents the Supreme Court of Indiana's holding in Cullison v. Medley? -
✅✅✅CORRECT -The facts alleged and testified to could allow a reasonable jury to find the
defendants liable for assault.
Not required for false imprisonment? - ✅✅✅CORRECT -Bad motive
Which of the following is not required for trespass to land? - ✅✅✅CORRECT -Substantial deprivation
or dispossession of property
A defendant removes an unconscious patient from a respiratory machine and wheels her out of her
room and into an elevator in an effort to leave the hospital. The elevator takes a few minutes to get to
the bottom floor. During this time, the patient remains unconscious, goes into cardiac arrest and
struggles to breathe. When they reach the bottom floor hospital workers discover the patient and are
able to resuscitate her, put her back on a respiratory machine, and take her back to her room. The
patient remains unconscious throughout all of it. Can the Defendant be held liable for false
imprisonment? - ✅✅✅CORRECT -Yes, because the patient went into cardiac arrest and had difficulty
breathing.