question

1. The state prosecutes torts in a manner similar to prosecution of crimes.

answer

False

question

2. Tort law is an important business tool.

answer

True

question

3. Employees can be held liable for the torts of their employers according to the principle of vicarious liability.

answer

False

question

4. Intent to commit harm is an element of all torts.

answer

False

question

5. The burden of proof for negligence is strict liability.

answer

False

question

6. To avoid occupier's liability, it is important to keep your premises safe for customers, workers, and others.

answer

True

question

7. A standard of care is a legal responsibility to avoid causing harm to others through carelessness.

answer

False

question

8. To prove negligence, the plaintiff must show that the harm was foreseeable to the defendant.

answer

True

question

9. A reasonable person is a normal, average, prudent individual, and the standard of care can vary depending on the circumstances.

answer

True

question

10. In cases of professional negligence, the standard of care is generally higher than that of a reasonable person test.

answer

True

question

11. Product liability involves defective products only.

answer

False

question

12. Occupier's liability applies to both owners and tenants.

answer

True

question

13. Landlords are vicariously liable for the occupier's liability of their tenants.

answer

False

question

14. The Occupier's Liability Act permits setting a trap to catch a thief, even if the thief is injured a result.

answer

False

question

19. Stealing confidential information and hacking into computers are examples of interference with economic relations.

answer

True

question

18. Truth and fair comment are defences to defamation.

answer

True

question

17. False imprisonment does not require that a person be put in jail.

answer

True

question

15. Professional negligence usually involves the breach of a fiduciary duty.

answer

False

question

16. In tort law, an assault is the threat of imminent physical harm.

answer

True

question

20. Businesses have the right to exclude whomever they want from their property.

answer

False

question

21. Municipal zoning bylaws have completely replaced the tort of nuisance.

answer

False

question

22. A business's ability to monitor an employee's telephone and computer use and its ability to rely on video surveillance are subject to legal scrutiny.

answer

True

question

23. To protect your business, ensure that insurance policies include a waiver of liability.

answer

True

question

24. The purpose of a remedy is to put the plaintiff into a better position than prior to the tort.

answer

False

question

25. The most commonly sought remedy by tort plaintiffs is damages.

answer

True

question

26. Punitive damages are awarded by criminal courts.

answer

False

question

27. A finding of negligence requires that the defendant's actions be both the cause in fact and the cause in law of the plaintiff's loss.

answer

True

question

A person who finds an abandoned bicycle and is inured while riding it because of a design defect can sue the manufacturer in product liability

answer

True

question

29. A tort is not usually characterized by a. an action that causes injury to people or damage to property. b. an action that causes harm to the state. c.an action that causes harm to businesses. d. none of the above

answer

B

question

30. The purpose of a tort action is a. to punish lawbreakers and prevent further crimes. b. criminal prosecution of a tort that causes serious harm. c. to compensate individuals who have suffered injury as a result of actions committed by others. d. to enforce statutory offences.

answer

C

question

31. The purpose of a tort action is a. to punish lawbreakers and prevent further crimes. b. criminal prosecution of a tort that causes serious harm. c. to compensate individuals who have suffered injury as a result of actions committed by others. d. to enforce statutory offences.

answer

C

question

32. Which of the following is a reason that tort law is important to business people? a. Tort judgments are a public relations nightmare. b. Tort law is an essential business tool. c. Tort judgements are expensive. d. all of the above

answer

D

question

33. Which of the following is not an element of a tort? a. quantifiable harm b. injunction c. a wrongful act d. causation

answer

B

question

34. Which of the following describes vicarious liability? a. It allows the court to hold the plaintiff partially responsible for his own injuries. b. It entitles the plaintiff to recover the full amount of damages from either partners of a firm if both of them are held liable. c. It imposes liability on defendants without the need for proof that the defendants intended to cause harm or that they were negligent. d. It holds an employer responsible for the torts that its employees commit while doing their jobs.

answer

D

question

35. Which of the following could not be considered an intentional tort? a. passing off b. false imprisonment c. nuisance d. rule in Rylands v. Fletcher

answer

D

question

36. Which of the following is true of intentional torts? a. Intentional torts may involve verbal or physical aggression. b. Intentional torts occur when a business deliberately harms another. c. Intentional torts require proof of causation and quantifiable harm. d. all of the above

answer

D

question

37. Which of the following is incorrect? To prove negligence, a plaintiff must a. establish the same proof of quantifiable harm as in any other tort action. b. establish proof of a wrongful act, causation, and quantifiable harm. c. establish that the defendant owed a duty of care. d. establish the same element of causation as in any other tort action.

answer

D

question

38. Courts use the reasonable person test a. to determine the appropriate duty of care. b. to determine the appropriate standard of care. c. to establish basic causation. d. to determine appropriate pecuniary damages

answer

B

question

39. The actions of the defendant are determined to be "cause in fact" of the plaintiff's loss with a. the "but for" test. b. the "remoteness of causation" test. c. the "cause-in-fact" test. d. the "cause-in-law" test.

answer

A

question

40. The two types of negligence suits that most commonly threaten business are a. strict liability and vicarious liability. b. strict liability and professional negligence. c. occupiers' liability and strict liability. d. occupiers' liability and product liability.

answer

D

question

41. If the user is harmed because a product malfunctions, and the user is not the purchaser, he may seek compensation from the supplier of the product a. in an action for breach of contract. b. in a tort action in product liability. c. both a. and b. d. neither a. or b

answer

B

question

42. According to common law, an occupier owes the highest standard of care to which group of visitors? a. licensees b. trespassers c. social visitors d. invitees

answer

D

question

43. Which of the following is not true of the standard of a reasonable professional? a. If the professional's error is one that a reasonable professional might have made, negligence action against her will succeed. b. Courts will often compare the professional's performance against industry standards and recognized best practices. c. The standard applied to professionals is that of a reasonable—not perfect—professional, because highly trained professionals are as human as everybody else. d. A fiduciary duty is an enhanced duty of care that flows from a relationship of special trust.

answer

A

question

44. Strict liability is a. liability without the need for proof that the defendant intended to cause harm or that they were negligent. b. liability for harm caused to others because of the defendant's defective product. c. liability for the injuries that result from the action of an employee. d. liability where two or more tortfeasors are held liable for harm to the plaintiff.

answer

A

question

45. The rule in Rylands v. Fletcher is relevant to tort actions involving a. product liability. b. occupiers' liability. c. professional negligence. d. strict liability.

answer

D

question

46. Assault in tort law a. is a threat of imminent physical harm. b. is any intentionally harmful physical contact. c. generally involves violent or sexual contact. d. generally understood to be a physical attack.

answer

A

question

47. A customer in a store informs the security guard that she saw another shopper stealing something. The security guard corners the shopper and accuses them of shoplifting. The security guard uses his arms to block the shopper from leaving the store until the police arrive. The accused shopper may be able to bring tort action against the store on the grounds of a. assault. b. battery. c. false imprisonment. d. none of the above

answer

A

question

48. The defence of fair comment to defamation depends on which of the following? a. Whether the statement was made maliciously, with intent to harm. b. Whether the comment was made on a matter of public interest. c. Whether there is at least some credible evidence to back up the truth of the statement. d. all of the above

answer

D

question

49. The tort of nuisance refers to a defendant a. interfering with the use and enjoyment of the plaintiff's property. b. intentionally damaging the economic interests of a plaintiff's business. c. harming a plaintiff's business reputation through false statements. d. using a product name that is similar to that of the plaintiff's more well-known brand.

answer

A

question

50. Which of the following is not a defence against tort action? a. voluntary assumption of risk b. failure to prove the tort c. joint liability d. contributory negligence

answer

C

question

51. When the defence of voluntary assumption of risk is successful, a. the judge apportions liability between the plaintiff and the defendant. b. the injured party will receive no compensation. c. the plaintiff is awarded only partial monetary damages. d. the defendant is still liable because it is only a partial defence.

answer

B

question

52. A pecuniary damages award would not compensate for a. general damages b. special damages c. out-of-pocket losses d. punitive damages

answer

D

question

53. Courts award punitive damages when a. the harm suffered from by the plaintiff was more serious than that which would flow from "ordinary" negligence. b. the loss suffered from the plaintiff is well defined and easily expressed in terms of money. c. the defendant must compensate a plaintiff for pain and suffering. d. the harm caused by the defendant reflects a willful disregard for the safety of others.

answer

D

question

54. Which of the following is not a possible remedy in a tort case? a. mitigation of damages b. declaratory order c. damages d. injunction

answer

A

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