JD Torts 2

Question 1

The 'eggshell skull' (thin skull) rule in tort law holds that a defendant is liable for:

Accepted Answer

The full extent of plaintiff's injuries, even if the plaintiff had unusual vulnerability

Answer

The eggshell skull rule requires a tortfeasor to take the plaintiff as they find them — the defendant is fully liable for all consequences of their negligence, even if the plaintiff's vulnerability caused injuries far beyond what was foreseeable.

Question 2

Defamation per se refers to false statements that are actionable without proof of actual damages because they fall into which category?

Accepted Answer

Statements involving criminal conduct, loathsome diseases, professional misconduct, or sexual immorality

Answer

Defamation per se applies to certain categories of statements so harmful on their face — imputing crime, loathsome disease, sexual immorality, or professional incompetence — that damages are presumed.

Question 3

Which tort protects against intentional intrusion upon a person's solitude or private affairs?

Accepted Answer

Intrusion upon seclusion

Answer

Intrusion upon seclusion is a privacy tort that imposes liability for intentionally intruding upon the plaintiff's solitude or private affairs in a manner that would be highly offensive to a reasonable person.

Question 4

Under the 'danger invites rescue' doctrine established in Wagner v. International Railway, a tortfeasor is liable for injuries to:

Accepted Answer

Rescuers who are injured attempting to help the primary victim

Answer

The 'danger invites rescue' doctrine holds that a tortfeasor whose negligence endangers a victim is also liable to rescuers injured in foreseeable rescue attempts.

Question 5

Strict liability in tort applies most commonly to which types of activities?

Accepted Answer

Abnormally dangerous activities and wild animal ownership

Answer

Strict liability is imposed on those who engage in abnormally dangerous activities (such as blasting or storing explosives) and those who keep wild animals, regardless of the care exercised.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Torts 2