LLM Torts & Civil Liability 2

Question 1

Which of the following is a recognized defense to an intentional tort such as battery?

Accepted Answer

Consent

Answer

Consent is a complete defense to battery because a person who voluntarily consents to contact cannot later claim it was unlawful; comparative and contributory negligence are defenses to negligence claims.

Question 2

Under the Restatement (Third) of Torts, a product may be defective due to a manufacturing defect, a design defect, or a:

Accepted Answer

Failure to warn

Answer

The Restatement (Third) recognizes three categories of product defects: manufacturing defects, design defects, and defects based on inadequate instructions or warnings (failure to warn).

Question 3

Proximate cause in tort law is best described as:

Accepted Answer

The legal limitation on how far liability extends from the defendant's negligent act

Answer

Proximate cause (legal cause) limits tort liability to consequences that are not too remote or unforeseeable, ensuring defendants are not held liable for all possible outcomes of their negligence.

Question 4

The tort of 'false imprisonment' can be established without physical barriers if the plaintiff's freedom of movement is restricted by:

Accepted Answer

Threats of immediate force

Answer

False imprisonment can be accomplished through physical barriers, physical force, or threats of immediate force—threats of future harm alone are generally insufficient.

Question 5

Which doctrine holds that a landowner owes the highest duty of care to individuals on their property?

Accepted Answer

Business invitees

Answer

Landowners owe business invitees (those invited for a commercial purpose) the highest duty—to inspect for and warn of non-obvious dangerous conditions.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Torts & Civil Liability 2