California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
During a heated argument, Alex intentionally shoved Ben, causing Ben to fall and break his arm. Ben was surprised by the shove and did not anticipate physical contact. Which intentional tort has Alex most likely committed?
- ABattery
- BIntentional Infliction of Emotional Distress
- CFalse Imprisonment
- DAssault
Show answer & explanationAnswer & explanation
Correct answer: A. Battery
Battery occurs when there is an intentional act that causes harmful or offensive contact with another person. Alex's intentional shove resulting in Ben's broken arm directly satisfies these elements.
Why the other options are wrong
- B. Intentional Infliction of Emotional Distress requires extreme and outrageous conduct causing severe emotional distress, which is not the primary issue described.
- C. False Imprisonment involves unlawful confinement, which did not occur here.
- D. Assault requires apprehension of imminent harmful or offensive contact, not actual contact.
Battery
An intentional act that causes harmful or offensive contact with another person's body or something closely associated with it.
- Requires intent to cause contact, not necessarily intent to harm.
- Contact can be direct or indirect.
- Plaintiff does not need to be aware of the contact at the time it occurs.
Memory trick: B-A-F-I: Body, Apprehension, Freedom, Intent.