Bad Motive Equals Liability
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
20730_shepherd_sling_fair · TORTS · Choice APeter was old enough to appreciate the riskiness of charging across the aisle.
Why it's attractive
A student picks this because risk appreciation sounds like the responsible mental-state inquiry for a child. The breaker is that the battery call asks for contact intent, not negligence-style risk awareness.
Why it's wrong
This imports a risk-appreciation frame. The battery call is answered by contact intent.
Spot it next time
Ask which choice targets contact rather than risk.
20730_shepherd_sling_fair · TORTS · Choice BPeter was old enough to appreciate that knocking Lydia into a table could inflict serious injury.
Why it's attractive
A student picks this because serious injury sounds more legally important than mere contact. The breaker is that battery liability does not require injury appreciation when intentional harmful or offensive contact is shown.
Why it's wrong
This targets injury appreciation. The credited answer targets intentional contact.
Spot it next time
Apply the Gold Key: battery does not require intent to injure.
20730_shepherd_sling_fair · TORTS · Choice CPeter's anger over the ribbon decision was not justified.
Why it's attractive
A student picks this because unjustified anger feels like a moral reason to impose liability. The breaker is that motive does not supply the battery element; deliberate contact does.
Why it's wrong
This targets motive and moral justification. The call needs the battery-contact element.
Spot it next time
Ask whether the answer supplies the battery element or only explains why Peter acted.
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