LLM Torts & Civil Liability 3

Question 1

The Palsgraf v. Long Island Railroad case is primarily cited for its holding on:

Accepted Answer

The scope of duty and foreseeability limitations on proximate cause

Answer

The standard of care for common carriers

Answer

Strict liability for ultrahazardous activities

Answer

The rescue doctrine and assumption of risk

Question 2

Under the 'coming and going' rule in vicarious liability, an employer is generally NOT liable for torts committed by employees:

Accepted Answer

While commuting to and from work

Answer

During the scope of their employment duties

Answer

While performing work-related tasks off-site

Answer

While on employer-directed travel

Question 3

A private nuisance claim requires the plaintiff to show an interference with their use and enjoyment of land that is:

Accepted Answer

Substantial and unreasonable

Answer

Visible from a public road

Answer

Permanent and irreversible

Answer

Caused by a neighboring landowner's intentional act only

Question 4

In a jurisdiction that follows contributory negligence (not comparative fault), a plaintiff who was 1% at fault for their own injury will:

Accepted Answer

Be completely barred from recovery

Answer

Recover 99% of their damages

Answer

Recover damages reduced by 1%

Answer

Be entitled to full recovery because their fault was minimal

Question 5

The 'learned intermediary' doctrine in products liability most commonly applies to:

Accepted Answer

Pharmaceutical manufacturers who warn prescribing physicians rather than patients directly

Answer

Retailers of defective consumer goods

Answer

Engineers who design defective industrial machinery

Answer

Distributors who alter products before sale

Question 6

Which of the following best describes the 'economic loss rule' in tort law?

Accepted Answer

Plaintiffs generally cannot recover in negligence for pure economic losses unaccompanied by physical injury or property damage

Answer

Plaintiffs cannot recover tort damages exceeding their actual economic losses

Answer

Punitive damages are limited to the amount of economic loss suffered

Answer

Economic damages must be proved with mathematical certainty

Question 7

Under Rylands v. Fletcher and its American applications, strict liability for abnormally dangerous activities is imposed because:

Accepted Answer

One who brings a non-natural dangerous condition onto land bears absolute responsibility for any resulting harm

Answer

The defendant was clearly negligent in failing to take precautions

Answer

The activity violates a local zoning ordinance

Answer

Strict liability is the default rule for all land use disputes