Question

adam decided to play a practical joke on linda, a co - worker. as linda was leaving the office one night, adam, wearing a mask, stepped out from behind some bushes. he pointed a handgun made out of licorice at her and demanded her purse. he then pushed the candy gun to her head and told her if she told anybody hed kill her. linda was very scared during the whole incident. she did not think it was funny when adam pulled the mask off and took a bite out of the gun as he gave her the purse back. which statement is correct?
adam committed an assault but not a battery.
adam committed a battery but not an assault.
adam committed an assault and a battery
adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on linda
8 multiple choice 1 point
adam decided to play a practical joke on linda, a co - worker. as linda was leaving the office one night, adam, wearing a mask, stepped out from behind some bushes. he pointed a handgun made out of licorice at her and demanded her purse. he then pushed the candy gun to her head and told her if she told anybody hed kill her. linda was very scared during the whole incident. she did not think it was funny when adam pulled the mask off and took a bite out of the gun as he gave her the purse back. did adam commit the tort of intentional infliction of emotional distress?
yes, as his conduct was intentional.
yes, but only if adam intended to cause linda serious emotional distress.
no, since he was only playing a practical joke.
no, since linda was not physically hurt by adam.
9 multiple choice 1 point
john was driving home one night in a terrible snow storm when his car stalled. he managed to push the car onto a small shopping centers parking lot. the next day about noon he came to get the car and it had been towed away by the owner of the parking lot. the owner explained she had to remove the car to clean the snow off her lot and told john where the car had been towed. which statement is correct?
the owner of the parking lot is liable for conversion. she took johns car without his consent.
the parking lot owner has a qualified privilege for towing the car since it was a business necessity.
even though john left his car in the parking lot under emergency conditions, he still committed a trespass on the owners property.
all the above are correct

Explanation:

For Question 8 (Assault/Battery):

Assault is intentionally causing reasonable apprehension of harmful or offensive contact. Adam's masked threat with a realistic-looking candy gun created reasonable fear in Linda, satisfying assault. Battery requires harmful/offensive physical contact; Adam only pushed the candy gun to her head, which is minimal and not harmful/offensive in a way that meets battery standards.

For Question 9 (Intentional Infliction of Emotional Distress):

The tort requires extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress. Adam's masked threat with a fake gun (which Linda believed was real) is extreme/outrageous, and he acted intentionally. Intent to cause serious distress can be inferred from his deliberate actions to scare her.

For Question 10 (Towing/Property Law):

A parking lot owner has a qualified privilege to tow a vehicle when it is necessary for business operations (here, snow removal) after an emergency parking. Conversion requires intentional deprivation of property without right, which does not apply here. Emergency parking does not count as trespass when the owner acts reasonably for business necessity.

Answer:

Question 8:

Adam committed an assault but not a battery.

Question 9:

Yes, but only if Adam intended to cause Linda serious emotional distress.

Question 10:

The parking lot owner has a qualified privilege for towing the car since it was a business necessity.