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New York State Tort Questions and Answers Already Passed Latest Updated 2025/2026 | Rated, Exams of Civil Law

New York University (NYU)Civil Law

When can a prima facie tort be used? a prima facie tort may be pleaded in the alternative to a traditional tort. Once a traditional tort is establishing, the causes of action for pirma facie tort disappears. What is a Prima Facie Tort? A prima facie tort is actionable in New York where: 1) There has been intention of harm 2) causing special damages 3) Without excuse or justification 4) by an act or series of acts that would otherwise be lawful. What are the intentional Torts to a person? 1. Battery

Typology: Exams

2024/2025

Available from 06/16/2025

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New York State Tort Questions and Answers
Already Passed Latest Updated 2025/2026 | Rated
A+
When can a prima facie tort be used?
a prima facie tort may be pleaded in the
alternative to a traditional tort. Once a traditional tort is establishing, the causes of
action for pirma facie tort disappears.
What is a Prima Facie Tort? A prima facie tort is actionable in New York where:
1) There has been intention of harm
2) causing special damages
3) Without excuse or justification
4) by an act or series of acts that would otherwise be lawful.
What are the intentional Torts to a person?
1. Battery
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Download New York State Tort Questions and Answers Already Passed Latest Updated 2025/2026 | Rated and more Exams Civil Law in PDF only on Docsity!

New York State Tort Questions and Answers

Already Passed Latest Updated 202 5/2026 | Rated

A+

When can a prima facie tort be used? a prima facie tort may be pleaded in the alternative to a traditional tort. Once a traditional tort is establishing, the causes of action for pirma facie tort disappears. What is a Prima Facie Tort? A prima facie tort is actionable in New York where:

  1. There has been intention of harm
  2. causing special damages
  3. Without excuse or justification
  4. by an act or series of acts that would otherwise be lawful. What are the intentional Torts to a person?
  1. Battery
  1. Assault
  2. False Imprisonment
  3. Intentional Infliction of emotional distress What is Battery? Harmful or offensive conduct – touching the body is offensive if it's not permitted by a person of ordinary sensitivity. What is Assault? Where the defendant places P in reasonable apprehension of a battery. *Apprehension = knowledge What is False Imprisonment? There must an act of restraint and confinement in a bounded area.

What are factors towards a finding of outrageous conduct? IIED 1) Bad Behavior is continuous, repetitive, on–going

  1. Defendant is a common carrier (airline, bus, railroad) or an inn–keeper (hotel)
  2. Plaintiff is a member of a fragile class (little kid, elderly, known pregnant women) What type of damages can be recovered under IIED? Severe distress need not take any particular form – need not be any external observable phyiscal symptoms. Plaintiff need not seek psychiatrists help What IIED is considred a separate cause of action in N.Y.? The intentional mishandling of a corpse.

Does NY recognize IIED? New York recognizes the tor of intentional infliction of mental or emotional distress and does NOT require proof o physical harm or contact in order to complete the tort. If a person's property is GROUNDLESSLY attached to an action may the owner recover for IIED? The owner of property that is attached groundlessly MAY recover damages for mental distress upon a showing of lack of probable cause for the attachement and actual malice, which may be inferrd from awareness that there is no possibility of success in the action. What are factors towards a finding of outrageous conduct? IIED 1) Bad Behavior is continuous, repetitive, on–going

If a person's property is GROUNDLESSLY attached to an action may the owner recover for IIED? The owner of property that is attached groundlessly MAY recover damages for mental distress upon a showing of lack of probable cause for the attachement and actual malice, which may be inferrd from awareness that there is no possibility of success in the action. What are the defenses to intentional torts? 1) Privilege a) Medical Emergencies b) Use of Deadly Force What is Medical Emergencies? IIED Under NY Law, the consent of an unconscious person to medical treatment by a physcian to prevent death or serious

bodily harm when the physician reasonably believes that no one competent to consent is available. What is Use of Deadly Force? IIED Use of deadly force is allowed to prevent:

  1. Arson
  2. Prevent burglary of a dwelling OR
  3. Prevent burglary of an occupied building. When is retreat NOT required before using deadly force? Retreat is required before using deadly force unless the actor:
  4. Cannot do so safely
  5. is in his own dwelling