CLA/CP Exam Torts: Negligence and Liability 3

Question 1

Under respondeat superior, an employer is vicariously liable for an employee's tort when the employee acts:

Accepted Answer

Within the scope of employment

Answer

Respondeat superior imposes vicarious liability on employers for employee torts committed within the scope of employment, regardless of employer fault.

Question 2

In most U.S. jurisdictions, the standard of care owed by a professional (e.g., attorney or doctor) is measured by:

Accepted Answer

The standard of a reasonably competent professional in the same field

Answer

Professionals are held to the standard of a reasonably competent member of their profession, not merely the reasonable layperson.

Question 3

Which doctrine allows an injured plaintiff to sue multiple defendants jointly when it is impossible to determine which one caused the harm?

Accepted Answer

Alternative liability

Answer

Alternative liability (from Summers v. Tice) shifts the burden of proof to each defendant to show they did not cause the harm when all acted negligently and only one could have caused it.

Question 4

Assumption of risk as a complete defense in negligence typically requires that the plaintiff:

Accepted Answer

Voluntarily and knowingly encountered a known risk

Answer

Express or implied assumption of risk requires that the plaintiff voluntarily chose to encounter a risk they knew and understood.

Question 5

Under the 'last clear chance' doctrine (in contributory negligence states), a plaintiff who was contributorily negligent may still recover if:

Accepted Answer

The defendant had a final opportunity to avoid the harm and failed to use it

Answer

Last clear chance allows a contributorily negligent plaintiff to recover if the defendant, seeing the plaintiff in peril, had the last opportunity to prevent the injury.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Torts: Negligence and Liability 3