Bar Exam (Uniform) Quiz: Intentional Torts

20 questions · exam conditions

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Intentional TortsQuestion 1 of 20

A woman was shopping at a grocery store. As she paid, she accidentally left her expensive smartphone on the checkout counter. A few moments later, another customer saw the phone, recognized its value, and put it in his pocket. The woman realized her mistake within a minute and returned to the counter. The store's security guard had witnessed the entire event on a security camera. The guard immediately confronted the customer as he was walking toward the exit and, without using force, asked him to return the phone. The customer complied.

If the woman later sues the customer for conversion, what is the likely outcome? Select one.

The customer will be liable, because he intentionally exercised dominion and control over the phone inconsistent with the woman's rights.

The customer will not be liable, because he returned the phone unharmed after a very brief period.

The customer will not be liable, because the woman's property was considered mislaid, not stolen.

The customer will be liable only for trespass to chattels, because the dispossession was minor and temporary.

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Bar Exam (Uniform) Quiz

Bar Exam (Uniform) Quiz: Intentional Torts

Practice Intentional Torts in Bar Exam (Uniform) with focused quiz questions that help you check what you know, review explanations, and build confidence with test-style prompts.

What this quiz covers

This quiz focuses on Intentional Torts, giving you a quick way to practice the rules, question types, and explanations that matter most for Bar Exam (Uniform).

How to use this quiz

Try each quiz question before looking at the correct answer. Use the explanations to review missed ideas, then come back to similar questions until the pattern feels familiar.

All questions

Question 1

If the woman later sues the customer for conversion, what is the likely outcome? Select one.

The customer will be liable, because he intentionally exercised dominion and control over the phone inconsistent with the woman's rights. (correct answer)
The customer will not be liable, because he returned the phone unharmed after a very brief period.
The customer will not be liable, because the woman's property was considered mislaid, not stolen.
The customer will be liable only for trespass to chattels, because the dispossession was minor and temporary.

Explanation: The correct answer is A. Conversion is the intentional exercise of dominion or control over a chattel that so seriously interferes with the owner's rights that it justifies a forced sale. Taking another's property with the intent to steal it is a serious interference, and the conversion is complete at the moment of the wrongful taking. The fact that the chattel was returned shortly after does not undo the tort, although it may mitigate the damages. B and D are incorrect because the intent to permanently deprive the owner of the property makes the interference serious enough to be conversion, not merely trespass to chattels, regardless of the short duration. C is incorrect because the legal classification of the property as mislaid might be relevant in a criminal context or a finder's rights case, but it does not change the tortious nature of the customer's intentional act of taking it for himself.

Question 2

If the woman later sues the customer for conversion, what is the likely outcome? Select one.

The customer will be liable, because he intentionally exercised dominion and control over the phone inconsistent with the woman's rights. (correct answer)
The customer will not be liable, because he returned the phone unharmed after a very brief period.
The customer will not be liable, because the woman's property was considered mislaid, not stolen.
The customer will be liable only for trespass to chattels, because the dispossession was minor and temporary.

Question 3

A factory adjacent to a residential property began a new manufacturing process that emitted microscopic, invisible particulate matter. Over several months, this particulate matter settled as a fine, oily film on the resident's house, patio furniture, and car, requiring frequent, costly cleaning. The factory was aware that the process produced these emissions and that they would likely settle on neighboring properties.

Which intentional tort theory provides the resident with the best basis for recovery against the factory for the costs of cleaning? Select one.

Private nuisance, because the emissions substantially and unreasonably interfered with the resident's use and enjoyment of his land.
Trespass to land, because the factory intentionally caused a physical invasion of the resident's property by the particulate matter. (correct answer)
Conversion, because the particulate matter permanently altered the condition of the resident's personal property.
Negligence, because the factory failed to use reasonable care to prevent the harmful emissions from reaching neighboring property.

Explanation: The correct answer is B. Trespass to land occurs when there is an intentional invasion of another's interest in the exclusive possession of land. Modern courts recognize that invisible particles can constitute a physical invasion sufficient for trespass when the defendant intends the conduct that causes the invasion. Here, the factory knew its emissions would settle on neighboring property, satisfying the intent requirement. The physical deposit of particles on the resident's property constitutes the invasion. While nuisance (A) is also a potential claim, trespass is often preferred because it doesn't require proving that the interference was substantial and unreasonable. C is incorrect because conversion applies to chattels and requires a more serious interference with possession. D states a possible negligence claim but the question asks for an intentional tort theory.

Question 4

An art student was visiting a friend's apartment. Seeing a unique sculpture on a table, the student picked it up to examine it more closely. Without permission, he took the sculpture into the next room, which had better lighting, to photograph it for his portfolio. He returned the sculpture to its original spot, completely unharmed, five minutes later. The friend was unaware of this until the student showed him the photographs a week later.

What is the strongest intentional tort claim the friend could bring against the student regarding the sculpture? Select one.

Conversion, because the student exercised dominion and control over the sculpture.
Trespass to chattels, because the student intentionally intermeddled with the friend's property. (correct answer)
No claim, because the sculpture was not damaged and the friend was not dispossessed of it for a significant time.
No claim, because the student's actions did not cause any reduction in the sculpture's market value.

Explanation: The correct answer is B. Trespass to chattels is the intentional intermeddling with the chattel of another that causes harm or dispossession. Even a brief dispossession, like taking the sculpture to another room for five minutes, constitutes a trespass to chattels. A is incorrect because conversion requires a more serious interference with property rights, such as destruction, alteration, or a long-term deprivation of use, which would justify a forced sale of the item. This brief, harmless use does not rise to that level. C and D are incorrect because for a trespass to chattels based on dispossession, proof of actual damages is not required; the dispossession itself is the harm. Nominal damages could be awarded.

Question 5

A debt collection agency hired an agent to recover a past-due car loan from a debtor. The agent went to the debtor's workplace, a quiet public library, and in a loud voice, accused the debtor of being a "deadbeat" and a "thief" in front of several library patrons and the debtor's supervisor. The debtor was extremely humiliated and suffered from anxiety for several weeks, requiring therapy. The agent's conduct violated the Fair Debt Collection Practices Act.

If the debtor sues the debt collection agency for intentional infliction of emotional distress (IIED), is the suit likely to succeed? Select one.

No, because mere insults and public humiliation do not typically rise to the level of outrageous conduct.
No, because the debtor's emotional distress was not severe enough to be accompanied by physical symptoms.
Yes, because the agent's conduct was extreme and outrageous, and caused the debtor severe emotional distress. (correct answer)
Yes, because the agent's actions violated a federal statute, which constitutes IIED per se.

Explanation: The correct answer is C. IIED requires (1) extreme and outrageous conduct by the defendant, (2) intent or recklessness, (3) causation, and (4) severe emotional distress. While simple insults are not enough, conduct can become outrageous due to an abuse of a position of power or by targeting a plaintiff's known sensitivities. Courts have often found the public, harassing conduct of debt collectors to be outrageous. The debtor's need for therapy indicates severe distress. A is incorrect because the context (public place, workplace, in front of supervisor) elevates the conduct beyond mere insults. B is incorrect as most jurisdictions no longer require physical symptoms for an IIED claim. D is incorrect as a statutory violation does not automatically establish a common law tort, although it can be evidence of outrageousness.

Question 6

A patient consented to a routine surgical procedure on his right knee. While the patient was under anesthesia, the surgeon noticed a small, non-malignant but potentially troublesome cyst on the patient's left knee. Believing it was in the patient's best interest, and since the patient was already anesthetized, the surgeon removed the cyst from the left knee. The removal was performed perfectly and caused no complications, but it was not part of the consented procedure.

If the patient sues the surgeon for battery, is the patient likely to win? Select one.

Yes, because the surgeon exceeded the scope of the patient's consent. (correct answer)
No, because the surgeon acted in the patient's best medical interest and caused no harm.
No, because the removal of the cyst was a minor procedure incidental to the primary surgery.
Yes, but only if the patient can demonstrate that the surgeon's actions were unreasonable for a medical professional.

Explanation: The correct answer is A. A battery is a harmful or offensive contact without consent. Consent is a defense, but it is limited to the scope of the consent given. The patient consented to surgery on his right knee, not his left. By operating on the left knee, the surgeon exceeded the scope of that consent, and the contact was therefore unprivileged. This constitutes a battery. B is incorrect because the surgeon's good faith and the lack of physical harm are not defenses when the contact itself was not consented to. C is incorrect because the procedure on the other knee is not incidental; it is a separate medical decision requiring separate consent. D is incorrect because the issue is not medical malpractice (negligence), but battery (an intentional tort), for which the standard is lack of consent, not unreasonableness.

Question 7

A chef at a busy restaurant decided to play a prank on a coworker, a server who was known to be diabetic. The chef swapped the contents of the server's personal sugar bowl with salt. Later, during a break, the server, feeling his blood sugar drop, added two spoonfuls of what he believed to be sugar to his coffee. After drinking it, he became violently ill from the high sodium intake and required emergency medical treatment. The chef admitted to the prank but claimed he never intended to cause any physical harm.

If the server brings a battery claim against the chef, is the server likely to prevail? Select one.

Yes, because the chef knew with substantial certainty that the server would come into contact with the salt. (correct answer)
No, because the chef's motive was to play a prank, not to cause physical injury to the server.
No, because the server voluntarily consumed the coffee, thereby consenting to the contact.
Yes, but only if the server can prove the chef's actions constituted extreme and outrageous conduct.

Explanation: The correct answer is A. The tort of battery requires an intentional act that causes a harmful or offensive contact. The intent element is satisfied if the defendant acts with the purpose of causing the contact or knows with substantial certainty that the contact will result. Here, the chef intended for the server to come into contact with the salt by swapping the contents of the sugar bowl. This contact was harmful. B is incorrect because the defendant's motive is irrelevant; the intent required is the intent to cause the contact, not the intent to cause the resulting harm. C is incorrect because the server did not consent to the harmful contact with the salt; he consented only to drinking coffee with sugar. D is incorrect because it states the standard for intentional infliction of emotional distress, not battery.

Question 8

An assailant, intending to throw a rock at his rival, threw it with great force. The rival, seeing the rock coming, ducked. The rock flew past him and struck a bystander, who was standing several feet behind the rival and was not the intended target. The bystander suffered a serious injury.

Can the bystander successfully sue the assailant for battery? Select one.

No, because the assailant did not intend to strike the bystander.
No, because the rival was an intervening cause that breaks the chain of causation.
Yes, under the doctrine of transferred intent. (correct answer)
Yes, if the assailant's act of throwing the rock was negligent.

Explanation: The correct answer is C. The doctrine of transferred intent applies when a defendant intends to commit an intentional tort against one person but instead commits it against another. The intent is said to "transfer" from the intended victim to the actual victim. Here, the assailant intended to commit a battery (or at least an assault) against his rival. This intent transfers to the bystander who was actually struck. Therefore, the bystander can establish the intent element for battery. A is incorrect because transferred intent specifically addresses this situation. B is incorrect because the rival's act of ducking is a foreseeable reaction and not a superseding cause. D is incorrect because the action can be framed as an intentional tort due to transferred intent, which is a stronger claim than negligence.

Question 9

You are representing a client who was detained at an electronics store. A security guard mistakenly believed your client had swapped a price tag on an expensive item. The guard shouted, "Hey, you, stop!" from across the store. Your client, who is hard of hearing, did not hear the guard and continued walking towards the exit. The guard then ran up and grabbed your client's arm firmly, leading him to a back room where he was held for 45 minutes before the mistake was realized. Your client found the arm-grabbing to be offensive but was not physically injured.

Based on these facts, which of the following intentional torts could you most successfully argue was committed against your client? Select one.

Assault, because the guard's shout was intended to create an apprehension of imminent contact.
Battery, because the guard intentionally made offensive physical contact with your client without consent. (correct answer)
Intentional infliction of emotional distress, because being publicly accused and detained is outrageous conduct.
False imprisonment, because the guard's actions were not privileged as the client did nothing wrong.

Explanation: The correct answer is B. Battery is the most clearly established tort on these facts. It requires an intentional, offensive touching of another without consent. The guard's act of grabbing the client's arm satisfies all these elements. The contact was intentional and is considered offensive to a reasonable person. A is incorrect because the client, being hard of hearing, was not aware of the guard's shout and therefore did not have the required apprehension for an assault claim. C is a weak claim because while the situation was upsetting, a court may not find the guard's mistaken actions rose to the level of "extreme and outrageous" conduct required for IIED. D is a plausible claim, but the shopkeeper's privilege might apply if the guard's suspicion was reasonable at the time, even if mistaken. The battery claim, based on the physical contact, is the most direct and least defense-prone claim.

Question 10

If the debtor sues the debt collection agency for intentional infliction of emotional distress (IIED), is the suit likely to succeed? Select one.

No, because mere insults and public humiliation do not typically rise to the level of outrageous conduct.
No, because the debtor's emotional distress was not severe enough to be accompanied by physical symptoms.
Yes, because the agent's conduct was extreme and outrageous, and caused the debtor severe emotional distress. (correct answer)
Yes, because the agent's actions violated a federal statute, which constitutes IIED per se.

Question 11

Two friends were engaged in a backyard football game. Before the game, one friend said, "Let's play tackle, but no overly aggressive hits." The other agreed. During a play, the first friend was running with the ball when the second friend, in an attempt to tackle him, dove at his legs. This was a normal, common type of tackle in football. However, the first friend landed awkwardly and broke his ankle.

If the injured friend sues his friend for battery, what is the defendant's strongest defense? Select one.

Assumption of risk, because the plaintiff knowingly participated in a dangerous activity.
Consent, because the plaintiff agreed to play tackle football and the tackle was within the ordinary scope of the game. (correct answer)
Self-defense, because the defendant was acting to stop the plaintiff from advancing the ball.
Lack of intent, because the defendant did not intend to cause the specific injury of a broken ankle.

Explanation: The correct answer is B. In the context of intentional torts, consent is the most appropriate defense. By agreeing to play tackle football, the plaintiff consented to the contacts that are a normal part of the game. A normal tackle, even one that results in injury, is within the scope of that consent. A is incorrect because assumption of risk is a defense to negligence, not intentional torts. While the concepts are related, consent is the proper term for a defense to battery. C is incorrect as self-defense is not applicable to a sports context. D is incorrect because the intent required for battery is the intent to make the contact, not the intent to cause the resulting harm. The defendant clearly intended to tackle the plaintiff.

Question 12

A farmer owned a large tract of land adjacent to a small town. A wildfire started in the nearby hills and, fanned by strong winds, began advancing rapidly towards the town. A fire department captain, realizing his crew could not stop the fire directly, ordered his firefighters to enter the farmer's property and bulldoze a 100-foot-wide firebreak by clearing a strip of the farmer's valuable fruit orchard. The firebreak successfully stopped the fire from reaching the town, but the farmer's orchard was destroyed.

The farmer sues the fire department for the value of the destroyed orchard. What is the fire department's best defense? Select one.

Private necessity, because the action was necessary to prevent a greater harm to the firefighters.
Consent, because property owners are deemed to consent to reasonable actions by emergency services.
Public necessity, because the action was taken to protect the public from a widespread disaster. (correct answer)
Sovereign immunity, because a government entity cannot be sued for the actions of its employees in an emergency.

Explanation: The correct answer is C. The defense of public necessity applies when a defendant interferes with a plaintiff's property in an emergency to protect the community or a substantial group of people. Here, the fire department destroyed the farmer's property to save the town from a wildfire. This is a classic example of public necessity. Unlike private necessity, public necessity is a complete defense, meaning the defendant does not have to compensate the plaintiff for the damage. A is incorrect because the action was to protect the public, not just the defendant's own interests. B is incorrect as consent is not implied in this situation. D is incorrect because sovereign immunity has been widely waived for tortious acts of government employees, and even if it applied, public necessity is the direct substantive defense to the trespass/conversion claim.

Question 13

A man checked his coat at a theater. When he returned to claim it, the attendant gave him the wrong coat, which was of much lower quality. The man immediately pointed out the mistake. The attendant, flustered and busy, refused to look for the correct coat, stating, "This is the coat for your ticket. Now move along." The man, needing a coat for the cold weather, took the incorrect one and left. He located the attendant's manager the next day and recovered his own coat, returning the incorrect one.

If the man sues the theater for conversion, is he likely to succeed? Select one.

Yes, because the theater's refusal to return his coat constituted a serious interference with his property rights. (correct answer)
No, because the man eventually recovered his coat unharmed the following day.
No, because the attendant's mistake was not malicious, but merely negligent.
Yes, but his damages will be limited to the rental value of a similar coat for the period of dispossession.

Explanation: The correct answer is A. Conversion is the intentional exercise of dominion or control over another's chattel that seriously interferes with the owner's rights. When the attendant refused to return the correct coat upon a proper demand, the theater (through its agent) wrongfully exercised dominion over the man's property. This wrongful refusal to return a chattel (a misdelivery) is a serious interference that constitutes conversion. B is incorrect because the return of the property does not undo the tort; it only mitigates damages. C is incorrect because the intent required for conversion is the intent to perform the act that interferes with the owner's rights (i.e., the intent to refuse to return the coat), not an intent to do wrong. D describes a remedy for the lesser tort of trespass to chattels; for conversion, the man is entitled to the full market value of the coat at the time of conversion, although he would have to give up the coat if he accepted that remedy. Given he recovered it, damages would be adjusted, but the tort was still committed.

Question 14

A man was walking home late at night when another man, who was much larger, jumped out from an alley and shouted, "Give me your wallet!" The first man, fearing for his life, pulled out a small handgun he was legally permitted to carry and shot the robber in the leg, incapacitating him. It was later discovered that the robber was unarmed and was bluffing, though his actions and words were menacing.

If the robber sues the man for battery, is the man's self-defense claim likely to succeed? Select one.

No, because the robber was unarmed, so the use of deadly force was not justified.
No, because the man had a duty to retreat before using deadly force in this situation.
Yes, because the man reasonably believed he was facing a threat of serious bodily harm or death. (correct answer)
Yes, because the robber was engaged in a felony, which forfeits his right to sue for battery.

Explanation: The correct answer is C. Self-defense permits the use of force that is reasonably necessary to protect against an imminent threat. The use of deadly force is permissible if the person reasonably believes they are in danger of serious bodily injury or death. Given the surprise attack, the demand for a wallet, and the size difference, a reasonable person in the man's position could believe the robber was armed and posed a deadly threat. The reasonableness of this belief is judged from the perspective of the defendant at the time of the incident, not with the benefit of hindsight. A is incorrect because the key is the man's reasonable belief, not the actual fact of whether the robber was armed. B is incorrect as most jurisdictions do not require retreat before using deadly force when one is not the initial aggressor (the "stand your ground" principle). D is a plausible but incorrect legal theory; while engaging in a felony may limit a plaintiff's recovery in some contexts, it does not automatically negate a battery claim.

Question 15

A homeowner, angry about teenagers cutting across his lawn, hid in his bushes one evening. When a teenager started to walk across the lawn, the homeowner leaped out and swung a baseball bat at the teenager's head, intending to frighten him. The teenager was looking at his phone and listening to music through earbuds, and did not see or hear the homeowner approach. A neighbor, witnessing the event, shouted a warning. The homeowner, startled by the shout, stopped his swing just inches from the teenager's head. The teenager only became aware of the incident when the neighbor explained what had just happened.

In a suit for assault, will the teenager likely prevail against the homeowner? Select one.

Yes, because the homeowner acted with the intent to cause an apprehension of imminent harmful contact.
Yes, because the homeowner's act of swinging the bat constituted a substantial step toward a battery.
No, because the teenager was not aware of the threat until after the danger had passed. (correct answer)
No, because the homeowner did not intend to make physical contact with the teenager.

Explanation: The correct answer is C. A key element of assault is that the plaintiff must have a reasonable apprehension of an imminent harmful or offensive contact. Apprehension requires that the plaintiff be aware of the defendant's threatening act. Because the teenager was unaware of the homeowner's actions until the threat was over, he could not have been in apprehension of the contact. A is incorrect because while the homeowner had the requisite intent, the plaintiff's apprehension is also a required element. B is incorrect because taking a substantial step toward a battery is an element of criminal attempt, not the tort of assault. D is incorrect because intent to cause apprehension is sufficient for assault; intent to make contact is not required.

Question 16

During a contentious corporate meeting, the CEO locked the boardroom and told a junior executive, "You are not leaving until you admit you leaked the merger details." The junior executive knew that a fire escape, with a clearly marked and unlocked door, was located at the far end of the boardroom. However, he did not want to use it because he believed it would make him appear guilty to the other board members present. After 20 minutes, the CEO's assistant entered the room with a key, and the junior executive left.

If the junior executive sues the CEO for false imprisonment, what is the most likely outcome? Select one.

The CEO will be liable, because the executive was confined against his will for an appreciable length of time.
The CEO will not be liable, because a reasonable and known means of escape was available to the executive. (correct answer)
The CEO will be liable, because his actions were intended to cause severe emotional distress.
The CEO will not be liable, because the executive suffered no physical harm as a result of the confinement.

Explanation: The correct answer is B. False imprisonment requires that the plaintiff be confined to a bounded area without a reasonable means of escape. The junior executive was aware of an unlocked fire escape, which constitutes a reasonable means of escape. The fact that he chose not to use it for fear of embarrassment does not negate its existence as a reasonable escape route. Therefore, the element of confinement to a bounded area is not met. A is incorrect because confinement is not established if a reasonable escape is known. C is incorrect because it describes elements of IIED, not false imprisonment. D is incorrect because physical harm is not a required element of false imprisonment.

Question 17

A hiker, relying on an old, inaccurate map, inadvertently crossed onto private property owned by a landowner. The hiker believed she was on public park land the entire time. She set up a campsite, built a small fire in a designated fire pit she found, and stayed for one night. She caused no damage to the property. The landowner discovered her the next morning and demanded that she leave.

Is the hiker liable to the landowner for trespass to land? Select one.

Yes, because she intentionally entered the land, even if she did not know it was private property. (correct answer)
No, because she did not intend to trespass and was acting under a good-faith mistake of fact.
No, because she caused no actual damage to the landowner's property during her brief stay.
Yes, but only if the landowner had posted "No Trespassing" signs that were visible from the trail.

Explanation: The correct answer is A. Trespass to land requires an intentional physical invasion of the plaintiff's real property. The intent required is the intent to enter the land, not the intent to trespass. The hiker intended to walk and camp where she did, satisfying the intent element. Her mistake as to the ownership of the land is not a defense. B is incorrect because a good-faith mistake is not a defense to intentional trespass. C is incorrect because actual damages are not required for a trespass to land claim; the plaintiff can recover at least nominal damages for the invasion of their possessory rights. D is incorrect because while signage can defeat a defense of implied consent, its absence does not negate a trespass claim.

Question 18

What is the strongest intentional tort claim the friend could bring against the student regarding the sculpture? Select one.

Conversion, because the student exercised dominion and control over the sculpture.
Trespass to chattels, because the student intentionally intermeddled with the friend's property. (correct answer)
No claim, because the sculpture was not damaged and the friend was not dispossessed of it for a significant time.
No claim, because the student's actions did not cause any reduction in the sculpture's market value.

Question 19

A driver was involved in a car accident that was clearly the other party's fault. Later, the driver saw the at-fault party at a gas station. The driver approached the at-fault party and, standing very close, raised a tire iron and shouted, "People like you deserve to get this!" The at-fault party flinched and backed away in fear. The driver then lowered the tire iron and said, "You're lucky I have to get to work." He then got in his car and drove off. The at-fault party was shaken but unharmed.

If the at-fault party sues the driver for assault, which of the driver's actions is the most critical for establishing the claim? Select one.

Shouting at the at-fault party in a menacing tone.
Raising the tire iron in a threatening manner. (correct answer)
Making a conditional threat about what the party deserved.
Standing very close to the at-fault party during the confrontation.

Explanation: The correct answer is B. Assault requires an act by the defendant that creates a reasonable apprehension in the plaintiff of imminent harmful or offensive contact. While all the listed actions contribute to the threatening atmosphere, the overt act of raising the tire iron is the most critical physical gesture that creates the apprehension of an imminent battery. Mere words (A and C) are generally not sufficient to constitute an assault unless accompanied by a physical act. Standing close (D) adds to the threat but is less definitive than the act of brandishing a weapon. The combination of the act and the words creates the assault, but the act of raising the weapon is the most essential element.

Question 20

Based on these facts, which of the following intentional torts could you most successfully argue was committed against your client? Select one.

Assault, because the guard's shout was intended to create an apprehension of imminent contact.
Battery, because the guard intentionally made offensive physical contact with your client without consent. (correct answer)
Intentional infliction of emotional distress, because being publicly accused and detained is outrageous conduct.
False imprisonment, because the guard's actions were not privileged as the client did nothing wrong.