Bar Exam Tips and Practice Question: Intentional Torts
Facing the bar exam can feel like a huge undertaking, especially with complex subjects like Intentional Torts. But you’ve got this—and we’re here to ensure you’re prepared. Whether you’re mastering trespass, assault, or battery, our practice questions are designed to sharpen your skills and boost your confidence. Our goal is to empower you with the knowledge and strategies you need to succeed when it matters most.
Start by diving into the question of intentional tort practice below. Then, use our expert tips to boost your bar exam success. From smart preparation tactics to proven memorization techniques, we’re here to help you stay focused, organized, and ready to excel.
Take the challenge, test your understanding of Intentional Torts, and dive into our comprehensive tips and answer explanations to deepen your knowledge.
Intentional Tort Question
A wife and husband bought a new home with a huge yard and tennis court. The wife was an avid tennis player who had always wanted to teach her husband to play. The husband, who has never excelled at sports, was skeptical but willing to give it a try.
The husband hit a ball over the fence, through a stand of tall pine trees and into the yard of their next-door neighbor. The neighbor was in her garden cutting roses for a flower arrangement at the time the tennis ball entered her yard. The ball landed in a nearby birdbath, splashing the neighbor with water. Because the neighbor did not see the ball coming, the water startled her, causing her to drop her clipping shears onto her foot, which bruised her big toe.
If the neighbor sues the husband for trespass, which is the most accurate statement of their liability?
(A) The husband is liable for the physical invasion of the neighbor’s land by his tennis ball.
(B) The husband is not liable for trespass, because the neighbor should have reasonably anticipated that tennis balls from a nearby tennis court would enter her yard.
(C) The husband is not liable for trespass, because he did not intend to cause the tennis ball to enter the neighbor’s yard.
(D) The husband is not liable for trespass, because the tennis ball did not unreasonably and substantially interfere with the neighbor’s use and enjoyment of her land.
Take a minute to work the problem, then take a look at a few tips to help with bar exam success followed by the explanation to the practice question.
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Answer and Explanation
The correct answer is: (C) The husband is not liable for trespass, because he did not intend to cause the tennis ball to enter the neighbor’s yard.
The tort of trespass to land is defined as an intentional physical invasion of the plaintiff’s possessory interest in land caused by the defendant. The defendant does not have to enter onto the land; a defendant may be liable for trespass if he causes a physical object to go onto the land. In addition, no actual injury to the land is required. However, intent is required. Under the facts presented, the wife and the husband are not liable for trespass, because they did not intend to cause the tennis ball to enter the neighbor’s yard. Thus, this is the best answer.
(A) Incorrect. The husband is liable for the physical invasion of the neighbor’s land by his tennis ball.
The wife and the husband will not incur liability merely because their tennis ball physically invaded the neighbor’s yard. The tort of trespass to land is defined as an intentional physical invasion of the plaintiff’s possessory interest in land caused by the defendant. The defendant does not have to enter onto the land; a defendant may be liable for trespass if he causes a physical object to go onto the land. In addition, no actual injury to the land is required. However, intent is required, and the facts do not indicate that the wife and the husband intended for their tennis ball to enter the neighbor’s yard.
(B) Incorrect. The husband is not liable for trespass, because the neighbor should have reasonably anticipated that tennis balls from a nearby tennis court would enter her yard.
Whether or not the neighbor could reasonably anticipate that tennis balls would enter her yard is not an issue in relation to the intentional tort of trespass to land.
(D) Incorrect. The husband is not liable for trespass, because the tennis ball did not unreasonably and substantially interfere with the neighbor’s use and enjoyment of her land.
This answer choice states the grounds for liability in a nuisance action, not an action for trespass to land.
