1. Which of the following is unlikely to be classified an intentional tort: a. r
ID: 466567 • Letter: 1
Question
1. Which of the following is unlikely to be classified an intentional tort:
a. running at a stranger while waving an iron pipe at them
b. getting smashed in the face by a baseball at a baseball game
c. a man grabs a woman he does not know and kisses her despite her protests
d. secretly making tapes of your roommate's phone calls
2.. In one case, a man who was drunk wanted to recover money another man owed him. He pulled a gun and, in the course of a struggle, accidentally shot the man who owed the money. The man who was shot sued for battery. A court is likely to hold that the man with the gun:
a. did not commit a tort because he was drunk when the shooting happened, so did not have the necessary state of mind
b. did not commit battery because the shooting was an accident; he only intended to threaten the man, which may be assault, but he did not intend to shoot him
c. committed the tort of battery because he intended to invade Nelson's well-being
d. acted in self-defense once the struggle began, so was not responsible for the accidental shooting
3. Negligence is:
a. the cause of an intentional tort
b. carelessness in a legal sense
c. failure to file tax returns properly
d. a business term for an accident
4. Fraud, misrepresentation, fraudulent misrepresentation and deceit are all examples of torts caused by:
a. deliberate deception
b. accidental deception
c. intentional battery
d. premeditated harm
e. tax evasion
Explanation / Answer
1. b. getting smashed in the face by a baseball at a baseball game
A intentional tort is a civil wrong resulting from an intentional act on the part of the alleged wrong doer.
2. d. acted in self-defense once the struggle began, so was not responsible for the accidental shooting
Self defense in avoidable cases will not make the person responsible for the holding.
3. b. carelessness in legal sense
Ignorance of law is no excuse.
4. a. deliberate deception
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