Definition and Nature of Tort: A Comprehensive Guide for Law Students

Question 1

Which of the following is NOT a characteristic of a tort in the United Kingdom?

Accepted Answer

It requires intention.

Answer

It is a civil wrong.

Answer

It gives rise to a legal remedy.

Answer

It is actionable without proof of damage.

Question 2

What is the central distinction between tort and contract law in the United Kingdom?

Accepted Answer

Tort arises from a breach of duty, while contract arises from a breach of promise.

Answer

Tort is a civil wrong, while contract is a criminal wrong.

Answer

Tort requires intention, while contract does not.

Answer

Tort is actionable without proof of damage, while contract is not.

Question 3

What are the fundamental elements necessary to establish a tort action in the United Kingdom?

Accepted Answer

Duty, breach, causation, damage

Answer

Intention, negligence, foreseeability, remoteness

Answer

Harm, loss, injury, suffering

Answer

Wrongfulness, unlawfulness, culpability

Question 4

What is the primary purpose of the tort of negligence in the United Kingdom's legal system?

Accepted Answer

To compensate victims for injuries caused by carelessness

Answer

To punish wrongdoers for their actions

Answer

To deter people from engaging in risky behavior

Answer

To protect people from harm

Question 5

Which of the following factors is NOT relevant in determining the standard of care in a negligence action in the United Kingdom?

Accepted Answer

The financial resources of the defendant

Answer

The foreseeability of the risk

Answer

The magnitude of the risk

Answer

The social value of the defendant's conduct

Question 6

What is the primary legal effect of the tort of vicarious liability in the United Kingdom?

Accepted Answer

It holds an employer responsible for the torts committed by its employees while acting within the scope of their employment.

Answer

It holds a parent responsible for the torts committed by their children.

Answer

It holds the government liable for the torts committed by its officials.

Answer

It absolves individuals from liability for their own tortious actions.

Question 7

Which element is NOT always essential for a tort action?

Accepted Answer

Foreseeability

Answer

Duty of care

Answer

Causation

Answer

Damages

Question 8

Which of the following is NOT always required to establish a tort action?

Accepted Answer

Fault

Answer

Damage

Answer

Wrongful act

Answer

Causation

Question 9

Rewritten: The primary distinction between intentional and unintentional torts lies in:

Accepted Answer

The defendant's mental state

Answer

The severity of the harm caused

Answer

The character of the duty violated

Answer

The availability of defenses

Question 10

Rewritten: Within the context of negligence, the 'duty of care' refers to:

Accepted Answer

A legal obligation to prevent causing harm to others

Answer

The standard of care expected of a reasonable person in the same situation

Answer

The foreseeability of harm

Answer

The extent of the harm actually caused

Question 11

Rewritten: Which of the following common law torts protects against the unauthorized use of one's name or likeness?

Accepted Answer

Passing off

Answer

Trespass

Answer

Battery

Answer

Slander

Question 12

Rewritten: In the context of tort law, 'strict liability' means:

Accepted Answer

Responsibility without fault

Answer

Responsibility only for intentional acts

Answer

Responsibility only for negligent acts

Answer

Responsibility only for breach of contract

Question 13

Which of the following is the most precise definition of a tort?

Accepted Answer

A civil wrong that gives rise to an action for damages.

Answer

A breach of a legal duty owed to a particular individual.

Answer

An intentional act that causes harm to another.

Answer

A crime punishable by imprisonment.

Question 14

What is the fundamental distinction between intentional and unintentional torts?

Accepted Answer

Intentional torts are committed with the deliberate intent to cause harm, while unintentional torts are not.

Answer

Intentional torts require proof of malice, while unintentional torts do not.

Answer

Unintentional torts are more serious than intentional torts.

Answer

There is no meaningful distinction between intentional and unintentional torts.

Question 15

What are the indispensable elements that must be proven to establish an action for negligence?

Accepted Answer

Duty of care, breach of duty, causation, and damages.

Answer

Intent to cause harm, breach of duty, causation, and damages.

Answer

Duty of care, breach of duty, and damages.

Answer

Causation, damages, and intent to cause harm.

Question 16

What is the fundamental difference between strict liability and negligence?

Accepted Answer

Strict liability imposes liability regardless of fault, whereas negligence requires proof of fault.

Answer

Negligence imposes liability regardless of fault, whereas strict liability requires proof of fault.

Answer

Strict liability and negligence are essentially the same concept.

Answer

There is no meaningful distinction between strict liability and negligence.

Question 17

Which of the following is an instance of a strict liability tort?

Accepted Answer

Product liability

Answer

Medical malpractice

Answer

Negligence

Answer

Defamation

Question 18

What is the primary purpose of the tort of nuisance?

Accepted Answer

To protect against unreasonable interference with the use and enjoyment of land.

Answer

To protect against physical injuries.

Answer

To protect against economic losses.

Answer

To protect against emotional distress.

Question 19

What is a primary advantage of pursuing a tort action in comparison to a criminal prosecution?

Accepted Answer

Tort actions afford a wider range of remedies.

Answer

Tort actions are less expensive to pursue.

Answer

Tort actions are more likely to result in a conviction.

Answer

Tort actions can be brought by anyone, regardless of whether they were directly harmed.

Question 20

Which of the following is an essential element of a tort action?

Accepted Answer

Breach of a legal duty owed to the claimant

Answer

Damages suffered by the claimant

Answer

Criminal intent on behalf of the defendant

Answer

Absence of any defences available to the defendant

Question 21

Intentional torts are characterized by:

Accepted Answer

Intentional or reckless conduct causing harm

Answer

Unintentional conduct resulting in harm

Answer

Negligent conduct leading to foreseeable harm

Answer

Vicarious liability for the actions of others

Question 22

Negligence is defined as:

Accepted Answer

A breach of a legal duty of care owed to another

Answer

Intentional conduct causing harm

Answer

Strict liability for harm caused

Answer

Reckless disregard for the safety of others

Question 23

Vicarious liability arises when:

Accepted Answer

One party is held legally responsible for the wrongful acts or omissions of another

Answer

A person is held liable for their own negligent actions

Answer

A defendant is strictly liable for harm caused by their products

Answer

An individual assumes the risk of harm by voluntarily participating in an activity

Question 24

Negligence per se occurs when:

Accepted Answer

A defendant violates a statute or regulation designed to protect against a specific harm

Answer

A defendant fails to exercise reasonable care under the circumstances

Answer

A defendant acts with wanton or reckless disregard for the safety of others

Answer

A defendant is held responsible for the negligence of their employees

Question 25

Which of the following is NOT an example of a strict liability tort?

Accepted Answer

Assault

Answer

Product liability

Answer

Trespass to land

Answer

Rylands v Fletcher

Question 26

Which element is NOT essential for an intentional tort?

Accepted Answer

Proximate causation

Answer

Voluntary act or omission

Answer

Intention to cause harm

Answer

Damages

Question 27

Which tort action is available for intentional or negligent infliction of emotional distress?

Accepted Answer

Intentional infliction of emotional distress

Answer

Negligence

Answer

Assault

Answer

Battery

Question 28

What is the primary factor distinguishing recklessness from negligence in tort liability?

Accepted Answer

Level of awareness of risk

Answer

Level of care required

Answer

Intent to cause harm

Answer

Nature of the harm caused

Question 29

What is the main objective of the Occupiers' Liability Act 1957?

Accepted Answer

Impose duties of care on occupiers of land

Answer

Eliminate the distinction between invitees and licensees

Answer

Broaden liability for defective premises

Answer

Align negligence law with tort law

Question 30

What is the function of remoteness in determining liability in tort?

Accepted Answer

Limits the scope of a defendant's liability

Answer

Establishes causation between the defendant's actions and the plaintiff's injuries

Answer

Determines the appropriate amount of damages

Answer

Apportions fault among multiple defendants

Question 31

What is the significance of judicial precedent in the development of tort law?

Accepted Answer

Provides guidance for future cases

Answer

Creates new legal obligations

Answer

Overturns existing case law

Answer

Restricts the potential for liability

Question 32

Which statement best describes the relationship between tort law and other branches of civil law?

Accepted Answer

Tort law has overlaps and connections with other civil law areas, such as contract and property law.

Answer

Tort law is entirely distinct from other civil law areas.

Answer

Tort law is inferior to other branches of civil law.

Answer

Tort law is the foundation upon which all other civil law is built.

Question 33

What are the key benefits and obstacles associated with harmonizing tort law on an international scale?

Accepted Answer

Harmonization would minimize forum shopping and increase legal predictability.

Accepted Answer

International harmonization efforts are unlikely to be successful due to significant cultural and economic variations.

Answer

Harmonization is unnecessary as tort law is generally consistent across jurisdictions.

Answer

Harmonization would make specialized tort lawyers obsolete.

Question 34

Which of the following is an essential element of a tort action?

Accepted Answer

Breach of a legal duty

Answer

Malice

Answer

Prior knowledge of harm

Answer

Criminal intent

Question 35

Intentional torts require:

Accepted Answer

Intentional and deliberate causation of harm

Answer

Strict liability

Answer

Unintentional actions

Answer

Negligence

Question 36

Which of the following is a characteristic of an unintentional tort?

Accepted Answer

Can be caused by negligence, recklessness, or carelessness

Answer

Requires proof of criminal intent

Answer

Cannot be defended against

Answer

Always involves deliberate harm

Question 37

Strict liability torts:

Accepted Answer

Hold individuals liable even without proof of fault or intent

Answer

Are only applicable in cases of severe harm

Answer

Require the plaintiff to show actual knowledge of the harm

Answer

Are always intentional torts

Question 38

The primary distinction between a tort and a crime is that:

Accepted Answer

Torts seek civil remedies while crimes seek criminal punishment

Answer

Torts require proof of intent while crimes do not

Answer

Torts are always intentional while crimes can be either intentional or unintentional

Answer

Torts involve private wrongs while crimes involve public wrongs

Question 39

The primary goal of tort law is to:

Accepted Answer

Provide compensation to victims and deter future wrongdoing

Answer

Resolve disputes between parties

Answer

Punish wrongdoers

Answer

Prevent harm from occurring

Question 40

Which factor is NOT relevant when determining the duty of care in negligence?

Accepted Answer

The plaintiff's personal characteristics

Answer

The foreseeability of harm

Answer

The proximity of the parties

Answer

The likelihood of harm occurring

Question 41

The tort of nuisance:

Accepted Answer

Protects individuals from substantial and unreasonable interference with their enjoyment of property

Answer

Requires proof of physical injury

Answer

Compensates victims for emotional distress

Answer

Punishes individuals for intentional harm to others

Question 42

Exemplary damages:

Accepted Answer

Are awarded to punish defendants and deter similar future conduct

Answer

Are only available in cases of severe emotional distress

Answer

Are automatically awarded in all tort cases

Answer

Cannot exceed the amount of actual damages