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Torts Flashcards

6 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Torts flashcards as text

  1. A landowner in Alabama owes the highest duty of care to which category of entrant?

    Answer: Invitees

    Invitees—those who enter for a business purpose or on public land—are owed the highest duty: reasonable care to inspect and make safe.

  2. Res ipsa loquitur allows an inference of negligence when the type of accident ordinarily does not occur without negligence, the defendant had exclusive control, and:

    Answer: The plaintiff did not contribute to the accident

    Res ipsa loquitur also requires that the plaintiff was not contributorily negligent in bringing about the injury.

  3. Proximate cause in negligence limits liability by requiring that the plaintiff's injury be:

    Answer: A foreseeable type of harm from the defendant's breach

    Proximate cause (legal cause) requires that the harm be a foreseeable type of result flowing from the defendant's breach of duty.

  4. Under the doctrine of respondeat superior, an employer is vicariously liable for the torts of an employee committed:

    Answer: Within the scope of the employee's employment

    Respondeat superior imposes liability on the employer for employee torts committed within the scope of employment, even without the employer's fault.

  5. Nuisance requires interference with the plaintiff's use and enjoyment of land that is:

    Answer: Substantial and unreasonable

    A private nuisance requires a substantial and unreasonable interference with another's use and enjoyment of their property.

  6. The tort of false imprisonment requires that the defendant's conduct:

    Answer: Intentionally confine the plaintiff to a bounded area without consent or legal authority

    False imprisonment requires intentional confinement within a bounded area without consent, though physical touching or a locked room is not required.