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

Palsgraf established that a defendant's duty of care extends only to foreseeable plaintiffs, limiting liability based on the zone of foreseeable danger and the relativity of duty.

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

The 'coming and going' rule generally exempts employers from liability when employees are simply commuting, as this travel is not within the scope of employment.

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

Private nuisance requires proof that the interference is both substantial (not trivial) and unreasonable (the gravity of the harm outweighs the utility of the defendant's conduct).

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

Under traditional contributory negligence, any fault by the plaintiff—no matter how small—completely bars recovery; this rule has been abandoned by most states in favor of comparative fault.

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

The learned intermediary doctrine allows drug manufacturers to discharge their duty to warn by providing adequate warnings to prescribing physicians, who are then responsible for informing patients.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Torts & Civil Liability 3