Breach of Duty in Tort Law: Definition, Elements, and Consequences

Question 1

Which of the following is NOT an essential element to establish a breach of duty in tort law?

Accepted Answer

Defendant's deliberate intention to cause harm

Answer

Existence of a duty of care

Answer

Breach of that duty

Answer

Causation between the breach and the resulting harm

Question 2

Which element is **NOT** a component of a breach of duty?

Accepted Answer

Causation by the plaintiff

Answer

Foreseeability of harm

Answer

Duty of care

Answer

Standard of care

Question 3

The duty of care in negligence law requires that:

Accepted Answer

A reasonable person in the same situation would have foreseen the risk of harm to others

Answer

The plaintiff must prove actual harm occurred

Answer

The defendant must have intended to cause harm

Question 4

Which of the following is **NOT** a standard of care in negligence law?

Accepted Answer

The exceptional standard of care

Answer

The reasonable person standard

Answer

The professional standard

Question 5

Causation in tort law means:

Accepted Answer

Establishing that the defendant's breach of duty caused the plaintiff's harm

Answer

Assessing the foreseeability of the harm caused

Answer

Determining whether the defendant had a duty of care to the plaintiff

Question 6

When determining a breach of duty in a negligence case, which of the following is **NOT** considered?

Accepted Answer

The defendant's personal beliefs

Answer

The likelihood of harm occurring

Answer

The foreseeability of harm

Question 7

The "but for" test is used to determine:

Accepted Answer

Whether the defendant's breach of duty caused the plaintiff's harm

Answer

The foreseeability of the harm caused

Answer

The appropriate standard of care for the defendant

Question 8

An example of a breach of duty in negligence could be:

Accepted Answer

A doctor failing to take appropriate action based on a misdiagnosis

Answer

A teacher assigning homework

Answer

A person winning a prize

Answer

A train arriving on schedule

Question 9

Which of the following is **NOT** a factor considered when determining the standard of care?

Accepted Answer

The defendant's financial status

Answer

The nature of the activity

Answer

The potential impact of the activity on others

Answer

The defendant's expertise

Question 10

Which of the following is NOT an element of a breach of duty in tort law?

Accepted Answer

Foresight

Answer

Causation

Answer

Standard of care

Answer

Duty of care

Question 11

The standard of care required of a defendant is determined by:

Accepted Answer

The circumstances of the case

Answer

The defendant's income

Answer

The defendant's profession

Answer

The plaintiff's age

Question 12

Which of the following is a form of causation in fact?

Accepted Answer

But-for cause

Answer

Concurrent cause

Answer

Proximate cause

Answer

Legal cause

Question 13

What is a common legal consequence of breaching a duty of care?

Accepted Answer

Liability for damages

Answer

Criminal prosecution

Answer

Rescission

Answer

Injunction

Question 14

The duty of care owed by a professional is generally considered:

Accepted Answer

Higher than that of a non-professional

Answer

The same as that of a non-professional

Answer

Lower than that of a non-professional

Question 15

In a breach of duty case, the burden of proof lies with the:

Accepted Answer

Plaintiff

Answer

Jury

Answer

Judge

Answer

Defendant

Question 16

Which of the following is an example of a breach of fiduciary duty?

Accepted Answer

Self-dealing

Answer

Negligence

Answer

Assault

Answer

Breach of contract

Question 17

Which of the following is NOT a key element required to prove a breach of duty in tort law?

Accepted Answer

Intent

Answer

Duty of care

Answer

Standard of care

Answer

Causation

Question 18

To establish causation in tort law, what must be proven?

Accepted Answer

Both factual and proximate cause

Answer

Neither factual nor proximate cause

Answer

Proximate cause only

Answer

Factual cause only

Question 19

Which scenario demonstrates a breach of the duty to warn?

Accepted Answer

A manufacturer fails to include clear instructions on the safe use of a product, leading to an injury.

Answer

An employer fails to provide adequate safety equipment to employees.

Answer

A homeowner fails to warn visitors about a known hazard on their property.

Question 20

The "but for" test is primarily used to determine:

Accepted Answer

Factual causation

Answer

Proximate causation

Answer

Foreseeability of harm

Answer

Remoteness of damage

Question 21

The defense of assumption of risk is successful when:

Accepted Answer

The plaintiff voluntarily and knowingly accepted the risk of harm.

Answer

The defendant can prove the plaintiff was negligent.

Answer

The plaintiff is injured in a workplace setting.

Question 22

Which of the following is NOT a recognized duty that can be breached in a tort case?

Accepted Answer

Duty to oneself

Answer

Duty to third parties

Answer

Duty to invitees

Answer

Duty to licensees