JD Torts

Question 1

Which element is NOT required to establish a negligence claim?

Accepted Answer

Intent to cause harm

Answer

Duty

Answer

Breach

Answer

Causation and damages

Question 2

The 'reasonable person' standard in negligence law asks whether the defendant acted as:

Accepted Answer

A person of ordinary prudence under the same or similar circumstances

Answer

An expert in the relevant field

Answer

The average person in the jurisdiction

Answer

A trained professional in any occupation

Question 3

Under the doctrine of res ipsa loquitur, a plaintiff may establish negligence without direct proof when:

Accepted Answer

The type of accident ordinarily does not occur without negligence and the defendant had exclusive control

Answer

The defendant admits fault

Answer

Multiple defendants could have caused the harm

Answer

The plaintiff was contributorily negligent

Question 4

In strict products liability under Restatement (Second) of Torts § 402A, a seller is liable for harm caused by a product that is:

Accepted Answer

Unreasonably dangerous due to a defective condition

Answer

Simply defective in workmanship

Answer

Causing any injury to any consumer

Answer

Designed differently from industry standards

Question 5

Which intentional tort consists of an intentional act causing reasonable apprehension of an imminent harmful or offensive contact?

Accepted Answer

Assault

Answer

Battery

Answer

False imprisonment

Answer

Intentional infliction of emotional distress

Question 6

Under comparative fault, a plaintiff found 40% at fault for an accident recovers:

Accepted Answer

60% of their total damages

Answer

Nothing under contributory negligence rules

Answer

100% of damages because defendant was majority at fault

Answer

40% of their total damages