1. What does “liability for tortious acts” refer to?
a) Responsibility for breach of contract
b) Accountability for civil wrongs
c) Criminal responsibility
d) Financial obligations in bankruptcy
Answer: b) Accountability for civil wrongs
2. Which of the following is NOT a basis for establishing liability in tort law?
a) Negligence
b) Strict liability
c) Breach of contract
d) Intentional tort
Answer: c) Breach of contract
3. In tort law, what does “strict liability” mean?
a) Liability that requires proof of fault or negligence
b) Liability that does not depend on fault or negligence
c) Liability that is limited to criminal acts
d) Liability that is shared among multiple parties
Answer: b) Liability that does not depend on fault or negligence
4. Which principle is applied to determine liability in negligence cases?
a) The reasonable person standard
b) The absolute liability standard
c) The subjective intention standard
d) The foreseeability of harm standard
Answer: a) The reasonable person standard
5. In which scenario is a manufacturer held strictly liable for harm caused by their product?
a) When the product is defectively designed or manufactured
b) When the consumer was negligent in using the product
c) When the product is used for unintended purposes
d) When the harm was caused by external factors
Answer: a) When the product is defectively designed or manufactured
6. What is “vicarious liability”?
a) Liability of one party for their own actions
b) Liability of an employer for the tortious acts of employees
c) Liability of a partner for the actions of another partner
d) Liability for damages caused by a third party
Answer: b) Liability of an employer for the tortious acts of employees
7. What must be proven for an employer to be held vicariously liable?
a) That the employee was acting outside the scope of employment
b) That the employee was acting within the scope of employment
c) That the employer had no control over the employee
d) That the employee acted intentionally
Answer: b) That the employee was acting within the scope of employment
8. In tort law, what is “joint and several liability”?
a) Liability shared equally among multiple defendants
b) Liability that allows a plaintiff to recover full damages from any one of multiple defendants
c) Liability limited to the proportion of fault of each defendant
d) Liability based on a single defendant’s actions
Answer: b) Liability that allows a plaintiff to recover full damages from any one of multiple defendants
9. What does “contributory negligence” refer to?
a) When the claimant’s own negligence contributes to the harm suffered
b) When the defendant is solely responsible for the harm
c) When the harm is caused by a third party
d) When the harm is due to an unavoidable accident
Answer: a) When the claimant’s own negligence contributes to the harm suffered
10. What is the key difference between “assault” and “battery” in tort law?
a) Assault involves the threat of harm, while battery involves actual physical contact
b) Battery involves the threat of harm, while assault involves actual physical contact
c) Assault is a form of negligence, while battery is an intentional tort
d) Battery requires a high degree of negligence, while assault requires intent
Answer: a) Assault involves the threat of harm, while battery involves actual physical contact
11. In tort law, what is meant by “negligent misrepresentation”?
a) Providing false information without due care, leading to harm
b) Providing accurate information with malicious intent
c) Providing misleading information with intent to deceive
d) Providing correct information that causes no harm
Answer: a) Providing false information without due care, leading to harm
12. What must a claimant prove to establish liability for “nuisance”?
a) That the defendant caused physical injury
b) That the defendant’s actions interfered with the claimant’s use and enjoyment of their property
c) That the defendant acted with intent to harm
d) That the defendant breached a contract
Answer: b) That the defendant’s actions interfered with the claimant’s use and enjoyment of their property
13. Which of the following defenses may be used against a claim of defamation?
a) Contributory negligence
b) Comparative fault
c) Truth
d) Assumption of risk
Answer: c) Truth
14. What is the purpose of awarding “punitive damages” in tort cases?
a) To compensate the plaintiff for their loss
b) To punish the defendant and deter future wrongful conduct
c) To reimburse legal expenses
d) To restore the plaintiff’s property to its original condition
Answer: b) To punish the defendant and deter future wrongful conduct
15. What is the “eggshell skull” rule in tort law?
a) The defendant is liable only for foreseeable harm
b) The defendant must take the claimant as they find them, including any pre-existing conditions
c) The defendant’s liability is limited to their own actions
d) The defendant is not liable for harm caused by external factors
Answer: b) The defendant must take the claimant as they find them, including any pre-existing conditions