Question 1

An attack by one person on the reputation of another person constitutes the tort of injurious falsehood.

Accepted Answer

A) True 
 B)False

Question 2

Strict liability

Accepted Answer

A) absolves the defendant from all liability. 
B) establishes the amount of damages that is payable to an injured party. 
C) requires that the plaintiff strictly prove that the defendant was at fault. 
D) means that liabilities are strictly enforced. 
E) removes the onus on the plaintiff to show that the defendant is at fault.

Question 3

Foreseeability is a major element in the determination of the extent of liability.Explain.

Accepted Answer

The answer of Foreseeability is a major element in the...

Question 4

James has been burgled several times.He is fed up and decides to do something about it.He places two traps at vantage locations in his home.One night he hears a scream and he runs down to find Bob,a local troublemaker,writhing in pain and holding his bleeding leg.Which of the following is NOT true?

Accepted Answer

A) Bob is not an invitee. 
B) James owes a duty to Bob. 
C) James owes no duty to Bob because Bob is a trespasser and was unlawfully on the premises. 
D) Bob can sue James for deliberately setting the trap to harm him. 
E) Bob is a trespasser.

Question 5

The roots of a tree that is growing on one property and that continue to grow onto another property may constitute a nuisance.

Accepted Answer

A) True 
 B)False

Question 6

Troy wants desperately to help his sister win her custody case against her ex-husband Lawrence and is prepared to "do anything" including lie.As a result,Troy tells the police that he saw Lawrence strike one of the children with closed fist causing bruising to the child's face.Lawrence is arrested and charged with assault.The criminal defense lawyer retained by Lawrence proves that Troy was lying at the time he made the report to the police.What if anything can Lawrence do to recover civil damages against Troy after the criminal charges are dismissed?

Accepted Answer

A) True 
 B)False

Question 7

The purchaser of a bottled beverage is more likely to be successful in a suit for damages against the manufacturer as a result of becoming ill if

Accepted Answer

A) she saw a long black hair in the bottle and decided not to drink it. 
B) she saw a long black hair in the bottle and dropped it on the ground before she opened it. 
C) she saw a long black hair in the bottle after taking "a sip." 
D) she gave the bottle to a friend and saw a long black hair in the bottom after her friend drank it. 
E) she was told by a friend that the bottle had a long black hair in it.

Question 8

There are cases in which a remedy other than damages may be available.What is the difference between a restitutionary order and an injunction?

Accepted Answer

The answer of There are cases in which a remedy...

Question 9

At what stage in a negligence action will the court apply the remoteness test?

Accepted Answer

A) the duty of care stage 
B) the breach of duty stage 
C) the causation stage 
D) the injury/damages stage 
E) the standard of care stage

Question 10

Restitution is a remedy available to a plaintiff who seeks an order restraining a person from doing,or continuing to do,a particular act.

Accepted Answer

A) True 
 B)False

Question 11

During the early development of the common law,whether an occupier or owner of premises owed a duty of care to persons who came on the premises and the standard of care owed depended on whether the persons were invitees,trespassers,or

Accepted Answer

A) children. 
B) public officials. 
C) licensees. 
D) law enforcement officials. 
E) thieves or burglars.

Question 12

Where there is negligence,the injured party may be required to mitigate his or her damages.Explain.

Accepted Answer

The answer of Where there is negligence,the injured party may...

Question 13

In some cases an otherwise blameless employer may be required at law to compensate victims of criminal acts committed by its employees.

Accepted Answer

A) True 
 B)False

Question 14

During the early stages of the development of tort law,liability was

Accepted Answer

A) dependent on a finding of guilt. 
B) punishable by incarceration. 
C) dependent on whether the wrongdoing was justifiable. 
D) strict. 
E) based on a finding of criminal liability.

Question 15

Explain the principle of vicarious liability.

Accepted Answer

The answer of Explain the principle of vicarious liability....

Question 16

A hardware store employee locking up on a Saturday night forgot to remove the keys from one of the large riding mower machines parked outside.It was later stolen by a group of teens who drove it into a nearby lake.A tugboat struck the partially submerged riding mower the following morning and sank.The claim for damages by the owner of the tugboat against the hardware store and its employee will

Accepted Answer

A) fail because marine law does not permit non-marine tort claims. 
B) succeed because "but for" the keys being left in the riding mower the tugboat would not have sunk. 
C) succeed because the lake was only 400 yards from the hardware store. 
D) fail because the risk of the tugboat accident was not reasonably foreseeable even if the theft was. 
E) succeed because all of the elements required to establish a negligence claim are present.

Question 17

After a manufacturer places a product on the market,it has a continuing obligation to warn consumers of potential dangers.

Accepted Answer

A) True 
 B)False

Question 18

The role of tort law is to

Accepted Answer

A) compensate victims for harm suffered from the activities of others. 
B) assist judges by providing rules to determine how much money to pay victims of crime. 
C) punish wrongdoers in the same way that criminal law punishes criminals. 
D) determine who caused a motor vehicle accident. 
E) impose strict rules to prevent the commission of crimes.

Question 19

Which of the following statements best explains the standard of care in the law of tort?

Accepted Answer

A) The standard is one that the judge expects. 
B) The standard is one that differs from person to person and activity to activity. 
C) The standard is one that society expects. 
D) The standard is one that the lawyer expects. 
E) The standard is the same for all persons and activities.

Question 20

Ted is employed as a computer analyst at Macrotech.His written contract of employment requires him to give his employer 30 days' notice of his intention to terminate the agreement.Macrotech's main competitor,Data Inc.,attempts to hire Ted away.Data Inc.'s president convinces Ted to accept their employment offer and to leave Macrotech immediately,without providing any notice pursuant to the agreement.Data Inc.has committed the tort of

Accepted Answer

A) passing off. 
B) negligence. 
C) malicious prosecution. 
D) inducing breach of contract. 
E) libel.

Exam 4: The Law of Torts

An attack by one person on the reputation of another person constitutes the tort of injurious falsehood.

Strict liability

Foreseeability is a major element in the determination of the extent of liability.Explain.

James has been burgled several times.He is fed up and decides to do something about it.He places two traps at vantage locations in his home.One night he hears a scream and he runs down to find Bob,a local troublemaker,writhing in pain and holding his bleeding leg.Which of the following is NOT true?

The roots of a tree that is growing on one property and that continue to grow onto another property may constitute a nuisance.

The purchaser of a bottled beverage is more likely to be successful in a suit for damages against the manufacturer as a result of becoming ill if

There are cases in which a remedy other than damages may be available.What is the difference between a restitutionary order and an injunction?

At what stage in a negligence action will the court apply the remoteness test?

Restitution is a remedy available to a plaintiff who seeks an order restraining a person from doing,or continuing to do,a particular act.

During the early development of the common law,whether an occupier or owner of premises owed a duty of care to persons who came on the premises and the standard of care owed depended on whether the persons were invitees,trespassers,or

Where there is negligence,the injured party may be required to mitigate his or her damages.Explain.

In some cases an otherwise blameless employer may be required at law to compensate victims of criminal acts committed by its employees.

During the early stages of the development of tort law,liability was

Explain the principle of vicarious liability.

After a manufacturer places a product on the market,it has a continuing obligation to warn consumers of potential dangers.

The role of tort law is to

Which of the following statements best explains the standard of care in the law of tort?