Master Tort Law Basics: General Principles of Tort Liability

Question 1

Which measure of damages is most common in tort law?

Accepted Answer

Compensatory damages

Answer

Nominal damages

Answer

Punitive damages

Answer

Injunctions

Question 2

In which case would a defendant be liable for battery?

Accepted Answer

Intentionally touching the plaintiff without consent

Answer

Negligently bumping into the plaintiff

Answer

Threatening to physically harm the plaintiff

Answer

Falsely imprisoning the plaintiff

Question 3

What is the distinction between strict liability and negligence?

Accepted Answer

Negligence requires proof of fault, while strict liability does not

Answer

Strict liability requires proof of fault, while negligence does not

Answer

Strict liability applies only in cases involving personal injury, while negligence can be imposed in any case

Answer

Negligence applies only in cases involving property damage, while strict liability can be imposed in any case

Question 4

Which of the following is NOT a factor considered in determining the standard of care in negligence cases?

Accepted Answer

Plaintiff's contributory negligence

Answer

Foreseeability of harm

Answer

Age and experience of the defendant

Answer

Social value of the defendant's conduct

Question 5

In the context of occupiers' liability, a licensee is defined as:

Accepted Answer

A person who enters the premises with the occupier's permission

Answer

A person who enters the premises without the occupier's permission

Answer

A person who pays to enter the premises

Answer

A person who is invited onto the premises for the occupier's benefit

Question 6

Defamation is a tort that protects:

Accepted Answer

Reputation

Answer

Privacy

Answer

Bodily integrity

Answer

Property

Question 7

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

Accepted Answer

Comparative negligence

Answer

Ordinary negligence

Answer

Gross negligence

Answer

Reckless negligence

Question 8

In order to establish a breach of duty, it must be shown that:

Accepted Answer

The defendant failed to take reasonable care in the circumstances

Answer

The defendant's actions were unlawful

Answer

The defendant caused harm to the plaintiff

Answer

The defendant intended to cause harm

Question 9

Which of the following is NOT a type of causation recognised in tort law?

Accepted Answer

Joint and several liability

Answer

Cause-in-fact

Answer

Proximate cause

Answer

Contributory negligence

Question 10

In the landmark case of Donoghue v Stevenson, the House of Lords established the principle of:

Accepted Answer

A duty of care being owed to unknown parties

Answer

Strict liability for manufacturers

Answer

Negligence being based on breach of statutory duty

Answer

Contributory negligence being a complete defence

Question 11

Which of the following is a duty of care that is owed in most situations?

Accepted Answer

Duty to act reasonably

Answer

Duty to rescue

Answer

Duty to warn

Answer

Duty to supervise

Question 12

The burden of proof in a tort claim generally rests on the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Judge

Answer

Jury

Question 13

Which of the following is NOT an essential element to establish a tort claim?

Accepted Answer

Compensation

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 14

To establish a breach of duty, the plaintiff must demonstrate that:

Accepted Answer

The defendant's actions fell below the standard of care expected of a reasonable person in similar circumstances

Answer

The defendant intentionally caused harm

Answer

The defendant violated a specific legal statute

Answer

The defendant acted in self-defense

Question 15

Which of the following is an example of strict liability?

Accepted Answer

Trespass

Answer

Negligence

Answer

Assault

Answer

Defamation

Question 16

A nuisance in the context of tort law refers to:

Accepted Answer

Unreasonable interference with the use and enjoyment of land

Answer

Intentional or negligent infliction of physical or emotional harm

Answer

Unlawful conversion of another's property

Answer

Breach of contract

Question 17

Causation in tort law requires proof of both:

Accepted Answer

Cause-in-fact and proximate cause

Answer

Proximate cause and legal cause

Answer

Cause-in-fact and direct cause

Answer

Legal cause and justifiable cause

Question 18

Which of the following is a key difference between tort law and criminal law?

Accepted Answer

Tort law focuses on compensating victims while criminal law focuses on punishing offenders

Answer

The burden of proof is higher in criminal cases

Answer

Damages are awarded in tort cases but not in criminal cases

Answer

Criminal cases are heard by a jury but tort cases are not

Question 19

Which element is NOT a requirement to establish a tort claim?

Accepted Answer

Foreseeability of harm

Answer

Duty of care

Answer

Breach of duty

Answer

Proximate cause

Question 20

Which factor is NOT used to determine the standard of care?

Accepted Answer

Defendant's age

Answer

Professional qualifications

Answer

Industry custom

Answer

Social expectations

Question 21

In tort law, which defense allows the defendant to argue that the plaintiff's own carelessness caused or contributed to their injuries?

Accepted Answer

Contributory negligence

Answer

Statute of limitations

Answer

Assumption of risk

Answer

Necessity

Question 22

Which of the following is a tort that involves intentional and unauthorized interference with another person's property?

Accepted Answer

Trespass to chattels

Answer

Negligence

Answer

Libel

Answer

Slander

Question 23

Which of the following is a tort that involves the negligent infliction of emotional distress?

Accepted Answer

Negligent infliction of emotional distress

Answer

Assault

Answer

Battery

Answer

Trespass to the person

Question 24

Which of the following is NOT an element of a tort claim?

Accepted Answer

Intent to harm

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 25

The 'neighbor principle', established in the case of Donoghue v Stevenson, defines a duty of care based on:

Accepted Answer

Physical proximity and foreseeability of harm

Answer

Contractual relationship

Answer

Moral obligation

Answer

Statutory duty

Question 26

Which of the following is NOT a recognized defense to a negligence claim?

Accepted Answer

Intentional tort

Answer

Contributory negligence

Answer

Assumption of risk

Answer

Statute of limitations

Question 27

Causation in tort law is typically established using the 'but for' test. What does this test determine?

Accepted Answer

Whether the harm would have occurred even without the defendant's actions

Answer

Whether the defendant's actions were the sole cause of the harm

Answer

Whether the harm was reasonably foreseeable

Answer

Whether the defendant intended to cause the harm

Question 28

In the context of damages in tort, what is the purpose of exemplary damages?

Accepted Answer

To punish the defendant and deter similar conduct

Answer

To compensate the plaintiff for their economic losses

Answer

To cover the plaintiff's non-economic losses

Answer

To reimburse the plaintiff for their legal expenses

Question 29

Which of the following is a recognized type of strict liability tort?

Accepted Answer

Trespass

Answer

Defamation

Answer

Negligence

Answer

Breach of contract

Question 30

The tort of nuisance primarily aims to protect against:

Accepted Answer

Physical harm and economic loss

Answer

Intentional interference with property

Answer

Damage to reputation

Answer

Emotional distress

Question 31

Which of the following is NOT a recognized category of defamation?

Accepted Answer

Negligence

Answer

Libel

Answer

Slander

Answer

Innuendo

Question 32

Which of the following is not an essential element of a successful tort claim?

Accepted Answer

Recklessness

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 33

In tort law, the legal benchmark used to assess whether a defendant violated their duty of care is:

Accepted Answer

Negligence

Answer

Intentional wrongdoing

Answer

Strict liability

Answer

Assault

Question 34

The primary legal interest safeguarded by the tort of defamation is:

Accepted Answer

Reputation

Answer

Privacy

Answer

Physical well-being

Answer

Property ownership

Question 35

Which of the following is NOT a recognized defense against an allegation of breach of duty?

Accepted Answer

Force majeure

Answer

Contributory negligence

Answer

Statute of limitations

Answer

Assumption of risk

Question 36

In tort law, causation is commonly established through:

Accepted Answer

Both of the above

Answer

But-for test

Answer

Proximate cause test

Answer

Neither of the above

Question 37

Which of the following is NOT a common form of remedy granted in tort cases?

Accepted Answer

Consequential damages

Answer

Compensatory damages

Answer

Nominal damages

Answer

Injunctive relief

Question 38

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

Accepted Answer

Remoteness of damage

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 39

In Donoghue v Stevenson, the landmark case established that:

Accepted Answer

A duty of care is owed to anyone who could reasonably be affected by an act or omission

Answer

Negligence requires proof of actual physical injury

Answer

Defendants are liable for pure economic loss

Answer

The burden of proof in negligence claims always lies with the claimant

Question 40

In assessing remoteness of damage, which factor is NOT considered?

Accepted Answer

Contributory negligence

Answer

Foreseeability

Answer

Eggshell skull rule

Answer

Proximate cause

Question 41

Which of the following is NOT a recognized tort?

Accepted Answer

Breach of contract

Answer

Negligence

Answer

Defamation

Answer

Battery

Question 42

A key element of the tort of nuisance is:

Accepted Answer

Unreasonable interference with the enjoyment of land

Answer

Intention to cause harm

Answer

Physical damage to property

Answer

Loss of earnings

Question 43

To establish a breach of duty in negligence, the claimant must demonstrate that:

Accepted Answer

The defendant's actions fell below the standard of care expected of a reasonable person in similar circumstances.

Answer

The defendant intended to cause harm to the claimant.

Answer

The claimant suffered damages as a direct result of the defendant's actions.

Answer

The defendant knew or should have known of the potential risk of harm.

Question 44

In the context of tort law, causation refers to:

Accepted Answer

Establishing that the defendant's breach of duty directly resulted in the claimant's injuries or damages.

Answer

Demonstrating that the defendant intended to cause the claimant's injuries or damages.

Answer

Proving that the claimant reasonably anticipated the potential consequences of the defendant's actions.

Answer

Showing that the claimant's injuries or damages would have occurred even in the absence of the defendant's breach of duty.

Question 45

Which of the following is a type of tort where liability is imposed irrespective of fault or intent?

Accepted Answer

Strict liability

Answer

Negligence

Answer

Intentional torts

Answer

Defamation

Question 46

In which of the following situations would an employer be held vicariously liable?

Accepted Answer

When an employee causes harm to a third party while acting within the scope of their employment.

Answer

When an independent contractor causes harm to a third party while performing work for the employer.

Answer

When a volunteer causes harm to a third party while assisting the employer.

Answer

When a child causes harm to a third party while on the employer's property.

Question 47

Causation in tort law requires proof of:

Accepted Answer

Both but-for and proximate causation

Answer

But-for causation

Answer

Proximate causation

Answer

Neither but-for nor proximate causation

Question 48

In a defamation case, truth is considered a:

Accepted Answer

Absolute defense

Answer

Complete defense

Answer

Partial defense

Answer

No defense

Question 49

Which of the following is NOT a source of law for tort liability in the United Kingdom?

Accepted Answer

Scholarly writings

Answer

Statutes

Answer

Case law

Answer

Treaties

Question 50

To prove a breach of duty, the plaintiff must demonstrate that the defendant:

Accepted Answer

Failed to meet the standard of care expected of a reasonable person in similar circumstances

Answer

Acted intentionally to cause harm

Answer

Knew their actions would cause the plaintiff's injuries

Answer

Caused the plaintiff's injuries

Question 51

Which factor is irrelevant when determining the duty of care?

Accepted Answer

Plaintiff's contributory negligence

Answer

Foreseeability of harm

Answer

Proximity of the parties

Answer

Defendant's special skills or knowledge

Question 52

Causation in tort law refers to:

Accepted Answer

The plaintiff's injuries resulting from the defendant's actions

Answer

The defendant's intention to cause the plaintiff's injuries

Answer

The plaintiff's own actions contributing to their injuries

Answer

The foreseeability of the plaintiff's injuries

Question 53

In cases involving multiple potential defendants, which of the following is not a basis for liability?

Accepted Answer

Contributory fault

Answer

Joint and several liability

Answer

Vicarious liability

Answer

Strict liability

Question 54

Intentional torts differ from negligent torts primarily based on:

Accepted Answer

The defendant's mental state

Answer

The severity of the harm caused

Answer

The foreseeability of the harm

Answer

The plaintiff's level of fault

Question 55

What is NOT an essential element of a tort claim in the United Kingdom?

Accepted Answer

Criminal intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 56

To establish a breach of duty, which of the following must the plaintiff prove?

Accepted Answer

The defendant's actions fell below the required standard of care.

Answer

The defendant intended to harm the plaintiff.

Answer

The plaintiff suffered financial losses.

Answer

The defendant knew that their actions could cause harm.

Question 57

Which of the following is NOT a recognized type of causation in the field of tort law?

Accepted Answer

Speculative causation

Answer

Actual causation

Answer

Proximate causation

Answer

Legal causation

Question 58

In the landmark case of Donoghue v Stevenson, the House of Lords established the duty of care for:

Accepted Answer

Manufacturers towards consumers.

Answer

Doctors towards patients.

Answer

Drivers towards pedestrians.

Answer

Landlords towards tenants.

Question 59

When determining the appropriate standard of care, which of the following factors is NOT taken into consideration?

Accepted Answer

The defendant's financial situation.

Answer

The nature of the activity being undertaken.

Answer

The skill and experience of the individual.

Answer

The likelihood of harm occurring.

Question 60

Under the principle of vicarious liability, employers may be held liable for:

Accepted Answer

The negligent torts committed by their employees during the course of employment.

Answer

The intentional torts committed by their employees during the course of employment.

Answer

The criminal acts committed by their employees during the course of employment.

Answer

The breach of contract by their employees during the course of employment.