Master Specific Torts: Enhance Your Legal Expertise

Question 1

What is the primary principle in determining damages for personal injury?

Accepted Answer

Compensatory damages for all losses incurred

Answer

Punitive damages

Answer

Mitigation of damages

Answer

Contributory negligence

Question 2

What does the 'eggshell skull rule' in tort law mean?

Accepted Answer

A defendant is liable for the extent of the victim's injuries, even if they were unforeseeable

Answer

The victim is required to take reasonable steps to minimise their losses

Answer

Punitive damages are awarded in cases of gross negligence

Answer

Negligence is not necessary for liability in intentional torts

Question 3

Establishing causation in fact requires satisfying which test?

Accepted Answer

But-for test

Answer

Proximate cause test

Answer

Foreseeability test

Answer

Contributory negligence test

Question 4

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

Accepted Answer

Lack of consent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 5

In defamation law, what is the meaning of 'innuendo'?

Accepted Answer

A defamatory statement that is implied rather than explicitly stated

Answer

A legal defense that protects against liability for defamation

Answer

A type of tort that involves intentional infliction of emotional distress

Answer

A remedy available to victims of defamation

Question 6

What is the primary purpose of the 'vicarious liability' doctrine in tort law?

Accepted Answer

To hold employers liable for the wrongful acts of their employees

Answer

To protect defendants from liability for the torts of others

Answer

To limit the liability of individuals for their own torts

Answer

To ensure that victims of torts are adequately compensated

Question 7

What is the significance of the 'duty of care' in tort law?

Accepted Answer

It establishes a legal obligation on the part of the defendant to avoid causing harm to others

Answer

It sets the standard of care that a defendant must meet

Answer

It identifies the specific harm that the victim suffered

Answer

It limits the plaintiff's ability to recover damages

Question 8

What is the key distinction between 'actual malice' and 'reckless disregard' in the context of defamation?

Accepted Answer

Actual malice requires knowledge of falsity, while reckless disregard does not

Answer

Reckless disregard requires knowledge of falsity, while actual malice does not

Answer

There is no meaningful distinction between the two concepts

Answer

Actual malice is a defense to defamation, while reckless disregard is not

Question 9

Precise and Clear: Which of the following is NOT considered an essential element of negligence?

Accepted Answer

Contributory negligence

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 10

Clear and Precise: In negligence cases, the standard of care is typically:

Accepted Answer

Objective

Answer

Subjective

Answer

Varies depending on the circumstances

Answer

Based on the defendant's personal beliefs

Question 11

Which of the following is NOT an essential element of negligence under English law?

Accepted Answer

Intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 12

Which of the following is NOT an essential element of the tort of negligence in English law?

Accepted Answer

Contributory Negligence

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 13

Identify the element that is not a requirement for establishing negligence.

Accepted Answer

Intentional harm

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 14

Which tort involves the defendant intentionally causing emotional distress to the plaintiff?

Accepted Answer

Intentional infliction of emotional distress

Answer

Negligent infliction of emotional distress

Answer

Assault

Answer

Battery

Question 15

Which defense is not applicable in false imprisonment cases?

Accepted Answer

Self-defense

Answer

Consent

Answer

Necessity

Answer

Statutory authority

Question 16

Which of the following defenses is NOT available in an action for assault?

Accepted Answer

Statute of limitations

Answer

Self-defense

Answer

Consent

Answer

Necessity

Question 17

True or False: The burden of proof in an action for negligence generally lies with the plaintiff.

Accepted Answer

True

Answer

False

Question 18

Which of the following defenses is available in the tort of false imprisonment?

Accepted Answer

Lawful authority

Answer

Contributory negligence

Answer

Assumption of risk

Answer

Self-defense

Question 19

In the tort of negligence, what is the purpose of contributory negligence?

Accepted Answer

To reduce the plaintiff's damages

Answer

To punish the plaintiff for their own carelessness

Answer

To bar the plaintiff's claim entirely

Answer

To shift the burden of proof to the defendant

Question 20

What is the legal significance of 'mitigation of damages' in the context of tort law?

Accepted Answer

It requires the plaintiff to take reasonable steps to minimize their losses

Answer

It increases the plaintiff's damages

Answer

It allows the defendant to escape liability for the plaintiff's injuries

Question 21

What is the most common legal remedy awarded in successful tort claims in England and Wales? Choose the best option.

Accepted Answer

Damages

Answer

Specific performance

Answer

Rescission

Answer

Injunction

Question 22

What was the primary purpose of the Tortfeasors Contribution Act 1975 in England and Wales? Select the best option.

Accepted Answer

To provide a framework for the apportionment of liability between joint tortfeasors.

Answer

To create a new cause of action for contribution.

Answer

To abolish the rule of joint and several liability.

Question 23

Which of the following is a fundamental principle of the law of negligence in England and Wales? Select the best option.

Accepted Answer

Foreseeability of harm

Answer

Contributory negligence

Answer

Strict liability

Answer

Res ipsa loquitur

Question 24

What was the significant impact of the decision in Donoghue v Stevenson on the development of tort law in England and Wales? Select the best option.

Accepted Answer

It established the modern law of negligence.

Answer

It introduced the concept of res ipsa loquitur.

Answer

It created a new cause of action for product liability.

Answer

It abolished the doctrine of privity of contract.

Question 25

Which element of negligence establishes that the defendant had a legal obligation to act in a certain way towards the claimant?

Accepted Answer

Duty of Care

Answer

Causation

Answer

Breach of Duty

Answer

Damage

Question 26

Which of the following is NOT considered an intentional tort?

Accepted Answer

Negligence

Answer

Defamation

Answer

Battery

Answer

False Imprisonment

Question 27

What is the key difference between assault and trespass to the person?

Accepted Answer

Assault involves the intentional creation of a reasonable apprehension of imminent harmful or offensive contact, while trespass to the person involves the actual infliction of such contact.

Answer

Trespass to the person is a more serious tort than assault.

Answer

Assault requires physical contact, while trespass to the person does not.

Question 28

In the context of negligence, what does the 'eggshell skull' rule mean?

Accepted Answer

A defendant is liable for all the claimant's injuries, even those that are more severe than what would typically be expected, regardless of their foreseeability.

Answer

The claimant's pre-existing vulnerabilities are not considered in determining damages.

Answer

The defendant is only liable for the injuries that are directly caused by their negligence.

Question 29

What is the defense of 'contributory negligence' in a negligence claim?

Accepted Answer

The claimant's own negligence partially contributed to their injuries, potentially reducing the amount of damages they can recover.

Answer

The claimant assumed the risk of potential injury.

Answer

The defendant was not at fault for the claimant's injuries.

Question 30

What is the fundamental difference between a tort and a crime?

Accepted Answer

A tort is a civil wrong that gives rise to a civil claim for damages, while a crime is a wrong against society that results in criminal prosecution.

Answer

Torts are always intentional, while crimes are never intentional.

Answer

Torts are less serious offenses than crimes.

Question 31

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

Accepted Answer

Malice

Answer

Causation

Answer

Duty of care

Answer

Breach of duty

Question 32

In which specific tort is damage to reputation the primary harm?

Accepted Answer

Defamation

Answer

Negligence

Answer

Assault

Answer

Trespass to land

Question 33

Which type of assault involves apprehension of imminent harmful or offensive contact?

Accepted Answer

Battery

Answer

Conversion

Answer

Slander

Answer

Trespass

Question 34

What is the legal term for damages awarded to compensate for non-economic losses like pain and suffering?

Accepted Answer

General damages

Answer

Nominal damages

Answer

Special damages

Answer

Vindictive damages

Question 35

Which is a defense available against the tort of defamation?

Accepted Answer

Truth

Answer

Consent

Answer

Privilege

Question 36

What level of proof is required to establish liability for a tort in civil cases?

Accepted Answer

Balance of probabilities

Answer

Beyond reasonable doubt

Answer

Preponderance of the evidence

Answer

Clear and convincing evidence

Question 37

In which tort is physical interference with a person's body or property the primary harm?

Accepted Answer

Trespass to the person/property

Answer

Assault

Answer

Defamation

Answer

Conversion

Question 38

Which is not an essential component of the tort of conversion?

Accepted Answer

Malice

Answer

Deprivation of possession

Answer

Wrongful interference

Answer

Intentional act

Question 39

What legal term defines the duty of care owed to visitors by occupiers of premises?

Accepted Answer

Occupiers' liability

Answer

Strict liability

Answer

Negligence per se

Answer

Res ipsa loquitur