Intentional Torts: Master the Elements, Defenses, and Remedies

Question 1

The tort of passing off is committed when a person:

Accepted Answer

Uses another person's trademark or other distinctive mark without permission

Answer

Makes false representations about their products or services

Answer

Induces another person to breach their contract

Answer

Causes damage to another person's business reputation

Question 2

Which of the following is a characteristic of the tort of nuisance?

Accepted Answer

Unreasonable interference with the enjoyment of land or other property rights

Answer

Intentional harm

Answer

Physical damage to property

Answer

Loss of enjoyment of life

Question 3

False imprisonment occurs when a person:

Accepted Answer

Is unlawfully detained against their will

Answer

Is threatened with violence if they attempt to leave

Answer

Is prevented from entering a public place

Answer

Is held in custody by the police without charge

Question 4

The tort of libel occurs when:

Accepted Answer

A defamatory statement is made in a permanent form, such as writing, printing, or broadcasting

Answer

A defamatory statement is made verbally

Answer

A defamatory statement is made on social media

Answer

A defamatory statement is made in an email or text message

Question 5

What is a key distinction between trespass to chattels and conversion?

Accepted Answer

Conversion requires intent to permanently deprive, while trespass to chattels does not

Answer

Trespass to chattels requires intent to permanently deprive, while conversion does not

Answer

There is no meaningful distinction between the two torts

Answer

Conversion requires a physical taking, while trespass to chattels does not

Question 6

What is the defence of contributory negligence?

Accepted Answer

The plaintiff's negligence contributed to their own injury

Answer

The defendant's negligence was the sole cause of the plaintiff's injury

Answer

The defendant did not owe a duty of care to the plaintiff

Answer

The plaintiff assumed the risk of injury

Question 7

To establish the tort of intentional infliction of emotional distress, which elements must be proven?

Accepted Answer

Intentional conduct, extreme and outrageous conduct, causation, and severe emotional distress

Answer

Intentional conduct, causation, and damages

Answer

Negligence, causation, and damages

Question 8

Which essential element of the tort of battery requires a deliberate act that causes physical harm?

Accepted Answer

Intentional act causing physical harm

Answer

Physical harm without intent

Answer

Intentional act causing only psychological harm

Answer

Negligent act causing physical harm

Question 9

Which intentional tort specifically involves causing severe emotional distress to another person?

Accepted Answer

Intentional infliction of emotional distress

Answer

Trespass to the person

Answer

Libel

Answer

Malicious prosecution

Question 10

Which type of communication does NOT qualify as privileged communication, providing a defense against defamation claims?

Accepted Answer

Statements made in a private conversation

Answer

Statements made in a legal proceeding

Answer

Statements made in a legislative assembly

Answer

Statements made in a fair and accurate news report

Question 11

Which of the following is NOT a required element of the tort of battery?

Accepted Answer

Negligence

Answer

Intentional act causing contact

Answer

Contact with the claimant's person

Answer

Harmful or offensive contact

Question 12

A person who is unlawfully confined or restrained against their will has been deprived of their:

Accepted Answer

Liberty

Answer

Physical integrity

Answer

Reputation

Answer

Property

Question 13

The tort of defamation involves:

Accepted Answer

Publication of a false and defamatory statement

Answer

Assault

Answer

Intentional infliction of emotional distress

Answer

Negligence in causing harm

Question 14

The tort of conversion involves:

Accepted Answer

Interference with the ownership or possession of personal property

Answer

Negligence

Answer

Intentional or reckless conduct

Question 15

Which of the following is a defense to the tort of intentional infliction of emotional distress?

Accepted Answer

Consent

Answer

Statute of limitations

Answer

Negligence

Question 16

The tort of negligence requires proof of:

Accepted Answer

Duty of care, breach of duty, causation, and damages

Answer

Intentional or reckless conduct

Answer

Malice

Question 17

The tort of deceit requires:

Accepted Answer

A false statement of fact, knowledge of its falsity, intent to deceive, reliance, and damages

Answer

Malicious prosecution

Answer

Negligence

Question 18

Which of the following is NOT a necessary element of the tort of battery?

Accepted Answer

Intention to cause harm

Answer

Actus reus (the act itself)

Answer

Intention to cause contact

Answer

Causation

Question 19

A person who falsely imprisons another must have:

Accepted Answer

Intentionally confined the person without lawful justification

Answer

Used physical force to restrain the person

Answer

Caused the person to suffer emotional distress

Question 20

For defamation to occur, the statement made about the claimant must be:

Accepted Answer

Defamatory, published to a third party, and refer to the claimant

Answer

Made with the intention of causing harm to the claimant

Answer

Made in writing and published to a large audience

Answer

False and made with malice

Question 21

The tort of intentional infliction of emotional distress requires the defendant's conduct to be:

Accepted Answer

Extreme and outrageous, causing severe emotional distress

Answer

Intentional and harmful

Answer

Negligent and reckless

Question 22

A person who intentionally interferes with the contractual relationship between two other parties may be liable for the tort of:

Accepted Answer

Intentional interference with contractual relations

Answer

Breach of contract

Answer

Fraud

Question 23

The tort of malicious prosecution aims to:

Accepted Answer

Protect individuals from wrongful criminal proceedings initiated without reasonable and probable cause

Answer

Punish those who make false accusations

Answer

Compensate for damages caused by a criminal conviction