Multiple Choice QuestionsAndrew throws a baseball towards Barry, with whom he is playing pitch and catch. Andrew’s aim is bad and the ball hits Cassandra, who is walking nearby.?
Andrew has committed battery against Cassandra because he intended to throw the ball, which hit her
Andrew has not committed battery against Cassandra because the contact he intended to make with Barry was not tortious because Barry consented to it
Andrew has not committed battery against Cassandra because he did not intend to harm her
Andrew has not committed battery against Cassandra because he did not intend to harm her
Aaron is the punter on his high school football team. Biff, one of the players on the opposing team, runs into Aaron as he is punting the ball. Aaron is injured. Biff’s team is penalized 15 yards for roughing the kicker. Which of the following most accurately states the likely outcome if Aaron sues Biff in the tort of battery?
Aaron’s action will succeed because he did not consent to contact that was not permitted by the rules of the game
Although Biff’s contact with Aaron was outside the rules of the game, Aaron must be taken to have consented to it because it was within the range of ordinary contact to be expected in a game
Aaron’s action will succeed because Biff’s contact with him was forbidden by the rules of the game
Aaron’s action will succeed because Biff’s contact with him was forbidden by the rules of the game
Alexander and Alexandra have consensual sex. Alexander knows that he has the sexually transmitted disease genital herpes but he does not tell Alexandra. She later contracts herpes. Which of the following most accurately states the likely outcome if Alexandra sues Alexander in the tort of battery?
Alexandra’s action will succeed because she would not have consented to the contact she had with Alexander if she had known he had herpes
Alexandra’s action will succeed because Alexander concealed the fact he had herpes
Alexandra’s action will fail because sexual contact cannot amount to battery
Alexandra’s action will fail because sexual contact cannot amount to battery
In order to establish the tort of assault, what type of apprehension must the plaintiff prove that he or she had as a result of the defendant’s conduct?
Well-founded apprehension of future contact by the defendant that would amount to battery
Well-founded apprehension of imminent contact by the defendant that would amount to battery
Acute personal apprehension of imminent contact by the defendant that would amount to battery
Acute personal apprehension of imminent contact by the defendant that would amount to battery
In most cases, a threat of violence made over the telephone cannot constitute an assault. Which of the following most accurately explains why not?
Because the plaintiff would have no reason to suppose that the defendant would follow through with the threat
Because the violent contact threatened by the defendant would not be imminent
Because the defendant must be in the same place as the plaintiff for there to be an assault
Because the defendant must be in the same place as the plaintiff for there to be an assault
Alexa waves at Bella in friendly fashion and reaches out to pat her on the shoulder. Bella, who has a pathological fear of catching germs from others, recoils violently from the contact. Which of the following is correct?
Alexa has not assaulted Bella because the contact that Alexa threatened would not have been regarded as offensive by a reasonable person
Alexa has not assaulted Bella because Bella was abnormally apprehensive that Alexa would make contact with her
Alexa has assaulted Bella because Bella actually feared contact that a reasonable person would find offensive
Alexa has assaulted Bella because Bella actually feared contact that a reasonable person would find offensive
Aaron points a gun at Bridget and threatens to shoot her. Aaron knows that the gun is not loaded but Bridget does not. Which of the following most accurately states the likely outcome if Bridget sues Aaron alleging assault?
Bridget’s action will fail because Aaron never had any intention to shoot Bridget.
Bridget’s action will fail because there was no real threat.
Bridget’s action will succeed if she can show that she believed Aaron might shoot her
Bridget’s action will succeed if she can show that she believed Aaron might shoot her
Alex works in a doughnut shop. Her supervisor accuses her of stealing from the till and asks her to accompany him to his office at the back of the shop for questioning. Alex does so and remains in the office for half an hour. She says she felt compelled to do so in order to clear her name. She later brings an action alleging false imprisonment. Which of the following most accurately describes the proper result?
Alex was not falsely imprisoned because moral compulsion to stay is insufficient without some physical compulsion (or threat of it)
Alex was not falsely imprisoned because she entered the office voluntarily
Alex was falsely imprisoned because she felt compelled to stay
Alex was falsely imprisoned because she felt compelled to stay
What is the maximum liability permissible for nuclear damage under Civil Liability of Nuclear Damage (CLND) Act?
Rs 1000 crore
Rs 1500 crore
Rs 2000 crore
Rs 2000 crore
Switch
