Torts: Civil Wrongs and Remedies - Master of Business Administration

Question 1

In a negligence lawsuit, which element requires the plaintiff to demonstrate that the defendant's actions directly led to their injuries?

Accepted Answer

Causation

Answer

Duty of Care

Answer

Breach of Duty

Answer

Damages

Question 2

Define strict liability and outline its key characteristics.

Accepted Answer

Strict liability holds individuals or organizations responsible for harm caused by their actions, regardless of intent or negligence.

Answer

Strict liability only applies to intentional torts, such as assault or battery.

Answer

Strict liability does not require proof of damages or harm caused by the defendant's actions.

Question 3

In tort cases involving professionals like doctors and lawyers, which liability standard is commonly applied?

Accepted Answer

Professional Negligence

Answer

Ordinary Negligence

Answer

Gross Negligence

Answer

Strict Liability

Question 4

Vicarious liability poses significant risks to businesses. Analyze how organizations can effectively minimize their exposure to these risks.

Accepted Answer

Implementing employee training programs and conducting thorough background checks can help reduce vicarious liability exposure.

Answer

Vicarious liability is rarely enforced, so it poses a minimal risk to businesses.

Answer

Insurance coverage is the only effective method for mitigating vicarious liability exposure.

Question 5

Which characteristic defines strict liability torts, such as strict product liability?

Accepted Answer

Harm or damage caused by the defendant's product or actions

Answer

Defendant's deliberate intent to cause harm

Answer

Negligence or carelessness proven against the defendant

Question 6

In negligence law, which element establishes the direct link between the defendant's actions and the plaintiff's injuries?

Accepted Answer

Proximate Cause

Answer

Duty of Care

Answer

Breach of Duty

Answer

Damages

Question 7

What is 'duty of care' and how does it impact liability in negligence cases?

Accepted Answer

Duty of care is the legal responsibility to take reasonable steps to prevent harm to others.

Answer

Duty of care is a defense against liability in negligence cases.

Answer

Duty of care only applies to intentional torts, not negligence.

Answer

Duty of care is solely determined by the court, regardless of factors like foreseeability.

Question 8

Which of the following is NOT an element that must be established to prove negligence?

Accepted Answer

Intentional conduct

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 9

Which of the following types of torts arises from a contractual relationship?

Accepted Answer

Breach of contract

Answer

Negligence

Answer

Assault

Answer

Libel

Question 10

Under the doctrine of respondeat superior, an employer can be held liable for the torts of their employees

Accepted Answer

Only if the employee was acting within the scope of their employment

Answer

Only if the employee was acting negligently

Answer

In all cases, regardless of the circumstances

Answer

Never

Question 11

The statute of limitations for tort claims:

Accepted Answer

Varies depending on the specific type of tort

Answer

Is universally the same for all torts

Answer

Never expires

Answer

Is determined by the court's discretion

Question 12

Which of the following is an example of a trespass to chattels?

Accepted Answer

Converting another person's property

Answer

Destroying another person's property

Answer

Entering another person's land without permission

Answer

Assaulting another person

Question 13

Proximate cause requires that the plaintiff's injuries be:

Accepted Answer

Reasonably foreseeable

Answer

Directly caused by the defendant's conduct

Answer

Substantial and severe

Answer

Caused by an intentional act

Question 14

Pure contributory negligence is a defense that:

Accepted Answer

Bars the plaintiff's recovery if they were even slightly at fault

Answer

Reduces the plaintiff's recovery in proportion to their degree of fault

Answer

Allows the plaintiff to recover even if they were mostly at fault

Answer

Is no longer recognized in most jurisdictions

Question 15

Which of the following is NOT an element of negligence?

Accepted Answer

Contributory negligence

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 16

Assault is an intentional tort that requires:

Accepted Answer

Reasonable apprehension of imminent harm

Answer

Actual physical harm

Answer

Intent to cause emotional distress

Answer

Negligence

Question 17

Vicarious liability refers to:

Accepted Answer

Liability for the actions of an employee

Answer

Liability for the actions of a third party

Answer

Liability for one's own actions

Answer

Liability for defective products

Question 18

The statute of limitations for a tort action is primarily determined by:

Accepted Answer

The jurisdiction in which the action is filed

Answer

The type of tort committed

Answer

The extent of the plaintiff's injuries

Answer

The age of the plaintiff

Question 19

Contributory negligence is a defense that:

Accepted Answer

Reduces the plaintiff's recovery in proportion to their fault

Answer

Bars the plaintiff's recovery entirely

Answer

Does not affect the plaintiff's recovery

Answer

Only applies to intentional torts

Question 20

Classify negligence based on essential elements.

Accepted Answer

Duty of care, Breach of duty, Causation, Damages

Answer

Intent, Negligence, Strict liability

Answer

Foreseeability, Proximity, Assumption of risk, Contributory negligence

Answer

Slander, Libel, Defamation, Assault

Question 21

Distinguish intentional torts from unintentional torts.

Accepted Answer

Intentional torts require specific intent, while unintentional torts require general intent

Answer

Unintentional torts require specific intent, while intentional torts require general intent

Answer

Intentional torts require negligence, while unintentional torts require strict liability

Answer

Unintentional torts require negligence, while intentional torts require strict liability

Question 22

Identify the exception to the types of strict liability.

Accepted Answer

Negligence

Answer

Product liability

Answer

Ultrahazardous activities

Answer

Animal liability

Question 23

Explain the primary objective of compensatory damages.

Accepted Answer

Compensate the victim for losses

Answer

Punish the defendant

Answer

Deter future wrongdoing

Answer

Enrich the victim

Question 24

Analyze the significance of proximate cause in tort liability.

Accepted Answer

Determines the extent of the defendant's liability

Answer

Establishes the defendant's intent

Answer

Excuses the defendant from liability

Answer

Irrelevant to tort liability

Question 25

Identify the factor not considered when determining the duty of care.

Accepted Answer

The victim's assumption of risk

Answer

Foreseeability of harm

Answer

Proximity to the victim

Answer

Defendant's expertise

Question 26

Distinguish between slander and libel based on their form of communication.

Accepted Answer

Libel is written, while slander is spoken

Answer

Slander is written, while libel is spoken

Answer

Slander is more serious than libel

Answer

There is no distinction between slander and libel

Question 27

Determine the fundamental requirement for a plaintiff in a products liability case.

Accepted Answer

Prove product defect caused injury

Answer

Establish defendant's negligence

Answer

Demonstrate defendant's knowledge of defect

Answer

Show product use within foreseeable parameters

Question 28

In strict product liability cases, which defense is most likely to protect a defendant from liability?

Accepted Answer

State-of-the-Art Defense

Answer

Assumption of Risk

Answer

Contributory Negligence

Answer

Lack of Causation

Question 29

Intentional torts are characterized by:

Accepted Answer

Intentional infliction of harm

Answer

Negligence

Answer

Strict liability

Answer

Causation

Question 30

In general, the statute of limitations for filing a tort action begins to accrue from the date of:

Accepted Answer

The injury or damage

Answer

The discovery of the injury or damage

Answer

The last act of negligence

Answer

The filing of the complaint

Question 31

Which of the following is NOT a type of contributory negligence?

Accepted Answer

Voluntary assumption of risk

Answer

Pure contributory negligence

Answer

Comparative contributory negligence

Answer

Modified comparative negligence

Question 32

Which element is NOT a necessary component to establish negligence?

Accepted Answer

Malicious intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 33

Which category of torts involves intentional acts that directly harm another person or their property?

Accepted Answer

Intentional torts

Answer

Negligence torts

Answer

Strict liability torts

Answer

Property torts

Question 34

In a strict liability tort, the defendant's liability stems from:

Accepted Answer

Their inherent dangerous activity or product

Answer

Their negligent actions or omissions

Answer

Their intentional misconduct

Answer

Their failure to take reasonable care

Question 35

In most jurisdictions, the statute of limitations for filing a tort claim typically:

Accepted Answer

Varies depending on the specific tort and jurisdiction

Answer

Is uniform across all types of torts

Answer

Is determined by the date the injury occurred

Answer

Is not applicable to intentional torts

Question 36

Which of the following is NOT considered an intentional tort?

Accepted Answer

Negligence

Answer

Assault

Answer

Battery

Answer

False imprisonment

Question 37

How does comparative fault mitigate the harshness of contributory negligence?

Accepted Answer

Assigns partial liability based on fault

Answer

Bars recovery for slight fault

Answer

Imposes strict liability on the defendant

Answer

Allows full recovery despite primary fault

Question 38

In an intentional tort, the defendant's actions are:

Accepted Answer

Intentional and purposeful

Answer

Accidental and unintentional

Answer

Negligent and careless

Answer

Justified and reasonable

Question 39

Strict liability is a type of tort that:

Accepted Answer

Imposes liability regardless of fault

Answer

Requires proof of intent

Answer

Only applies to businesses

Answer

Can be avoided by taking reasonable precautions

Question 40

Which of the following is a tort that involves the wrongful interference with personal property?

Accepted Answer

Trespass to chattels

Answer

Assault

Answer

Slander

Answer

False imprisonment

Question 41

A tort that involves the intentional infliction of emotional distress is known as:

Accepted Answer

Intentional infliction of emotional distress

Answer

Libel

Answer

Slander

Answer

Assault

Question 42

The primary purpose of punitive damages in a tort case is to:

Accepted Answer

Punish the wrongdoer and deter future wrongdoing

Answer

Compensate the victim for their loss

Answer

Refund the victim's legal expenses

Answer

Reduce the burden on the court system

Question 43

Which of the following is **not** an essential element of negligence?

Accepted Answer

Foreseeability

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 44

Trespass to chattels, an intentional tort, involves what specific type of interference?

Accepted Answer

Interference with the possession of personal property

Answer

Physical harm to real property

Answer

Defamation of character

Answer

Fraudulent misrepresentation

Question 45

Which type of damages is awarded to compensate the victim for their physical pain and suffering?

Accepted Answer

Compensatory

Answer

Nominal

Answer

Punitive

Answer

Consequential

Question 46

In which scenario would the doctrine of strict liability apply?

Accepted Answer

A manufacturer sells a defective product that causes injury

Answer

A landowner fails to maintain a safe premises

Answer

A driver negligently operates a vehicle

Answer

A doctor makes a mistake during surgery

Question 47

Identify the tort committed when a false statement is made that damages a person's reputation:

Accepted Answer

Defamation

Answer

Trespass

Answer

Negligence

Answer

Battery

Question 48

Which of the following is a tort that provides a remedy for intentional or negligent infliction of emotional distress?

Accepted Answer

Intentional infliction of emotional distress

Answer

Fraud

Answer

Battery

Answer

Libel

Question 49

Which of the following is **not** considered when determining the standard of care in negligence?

Accepted Answer

Age of the defendant

Answer

Foreseeability of harm

Answer

Status of the parties

Answer

Custom and practice

Question 50

Identify the element that is NOT a requirement of negligence in tort law.

Accepted Answer

Mental intent

Answer

Duty of care

Answer

Breach of duty

Answer

Proximate cause

Question 51

For the tort of intentional infliction of emotional distress, what must the plaintiff prove?

Accepted Answer

Both of the above

Answer

Outrageous conduct on the part of the defendant

Answer

Severe emotional distress suffered by the plaintiff

Answer

Neither of the above

Question 52

Which type of tort involves a breach of a legal duty owed to a particular individual?

Accepted Answer

Negligence

Answer

Intentional tort

Answer

Strict liability

Answer

Product liability

Question 53

What fundamental element differentiates negligence from intentional torts?

Accepted Answer

Intent

Answer

Causation

Answer

Damages

Answer

Duty of care

Question 54

Which of the following best describes the requirement for battery?

Accepted Answer

Intent to cause harmful or offensive contact

Answer

Negligence in causing harmful or offensive contact

Answer

Justification or excuse for causing harmful or offensive contact

Answer

Proximate cause of damages resulting from harmful or offensive contact

Question 55

Vicarious liability holds a person responsible for the actions of:

Accepted Answer

Their employee or agent

Answer

Another person

Answer

Themselves

Answer

A third party

Question 56

Which of the following is NOT a characteristic of a tort?

Accepted Answer

Breach of contract

Answer

Civil wrong

Answer

Seeks compensation for harm

Answer

Intentional or unintentional

Question 57

Which of the following is NOT a potential tort remedy?

Accepted Answer

Specific performance

Answer

Injunction

Answer

Damages

Answer

Restitution

Question 58

Distinguishing between intentional and negligent torts, which element is unique to intentional torts?

Accepted Answer

Actual intent to cause harm

Answer

Foreseeability of harm

Answer

A reasonable person standard

Answer

Causation in fact

Question 59

In cases involving strict liability, which defense is commonly raised?

Accepted Answer

Assumption of risk

Answer

Contributory negligence

Answer

Lack of proximate cause

Answer

Statute of limitations

Question 60

What is the primary purpose of awarding punitive damages in tort cases?

Accepted Answer

To deter the defendant and others from engaging in similar conduct

Answer

To compensate the victim for their losses

Answer

To cover the victim's legal expenses

Answer

To provide restitution to the defendant

Question 61

Under the doctrine of vicarious liability, employers are generally held responsible for the torts of their employees:

Accepted Answer

Only if the employee was acting within the scope of employment

Answer

Always

Answer

Only if the employer knew or should have known about the employee's potential wrongdoing

Answer

Never

Question 62

Negligence per se is a legal doctrine that establishes negligence based on:

Accepted Answer

A violation of a statute or regulation

Answer

Custom and practice in a particular industry

Answer

The reasonable person standard

Answer

The foreseeability of harm

Question 63

In cases involving joint and several liability, which of the following is true?

Accepted Answer

The plaintiff can collect the entire judgment from any one defendant

Answer

Each defendant is only liable for their percentage of fault

Answer

The defendants are only liable if they acted in concert

Answer

The plaintiff must prove that each defendant acted intentionally

Question 64

Which of the following is NOT an essential element of negligence?

Accepted Answer

Intent

Answer

Damages

Answer

Breach of duty

Answer

Duty of care