#1
Which of the following is a fundamental element of tort law?
Negligence
ExplanationNegligence is a fundamental element in tort law, involving the failure to exercise reasonable care, resulting in harm to others.
#2
What does the 'reasonable person standard' refer to in tort law?
A standard for determining negligence
ExplanationThe reasonable person standard in tort law is a benchmark for determining negligence, evaluating whether an individual's actions meet the level of care expected from a hypothetical reasonable person.
#3
What is the 'doctrine of respondeat superior' in tort law?
The employer is liable for the actions of employees within the scope of employment
ExplanationThe doctrine of respondeat superior holds employers liable for the wrongful actions of employees performed within the scope of their employment.
#4
What is the difference between assault and battery in tort law?
Assault involves a threat of harm, and battery involves physical harm.
ExplanationIn tort law, assault is the threat of harm, while battery involves actual physical harm to another person.
#5
What is the 'doctrine of sovereign immunity' in tort law?
A doctrine that shields the government from lawsuits for certain actions.
ExplanationThe doctrine of sovereign immunity in tort law protects the government from lawsuits for certain actions, recognizing the government's immunity from liability.
#6
In tort law, what does 'strict liability' mean?
Liability without fault
ExplanationStrict liability in tort law means holding a party responsible for injuries regardless of fault, often applied to inherently dangerous activities.
#7
What is the 'eggshell skull rule' in tort law?
The principle that the unexpected frailty of the victim is not a defense
ExplanationThe eggshell skull rule in tort law dictates that the defendant is liable for the full extent of the harm caused, even if the victim's pre-existing vulnerabilities were unknown.
#8
In the context of tort law, what is 'res ipsa loquitur'?
The thing speaks for itself
ExplanationRes ipsa loquitur in tort law means 'the thing speaks for itself,' indicating that negligence can be inferred from the nature of the accident without direct evidence.
#9
What is the primary goal of tort law?
Compensation for victims
ExplanationThe primary goal of tort law is to provide compensation for victims who have suffered harm or loss due to the wrongful actions of others.
#10
In tort law, what is the difference between compensatory and punitive damages?
Compensatory damages compensate the victim for actual losses, and punitive damages are intended to punish the wrongdoer
ExplanationCompensatory damages in tort law aim to compensate victims for actual losses, while punitive damages are designed to punish the wrongdoer for egregious conduct.
#11
Which of the following is an intentional tort?
Assault
ExplanationAssault is an intentional tort in which one person intentionally causes another to fear an imminent harmful or offensive contact.
#12
What is the defense of 'contributory negligence' in tort law?
A defense based on the plaintiff's own negligence
ExplanationContributory negligence is a tort law defense asserting that the plaintiff's own negligence contributed to their injury, potentially absolving the defendant of liability.
#13
What is the difference between slander and libel in tort law?
Slander is oral defamation, and libel is written defamation
ExplanationIn tort law, slander involves spoken false statements that harm a person's reputation, while libel involves written or published false statements.
#14
What is the 'doctrine of foreseeability' in tort law?
The principle that harm must be foreseeable to establish negligence
ExplanationThe doctrine of foreseeability in tort law asserts that harm must be reasonably foreseeable to establish negligence, linking the defendant's actions to the resulting injury.
#15
What is the 'duty of care' in tort law?
A legal obligation to act reasonably to avoid harming others
ExplanationThe duty of care in tort law is a legal obligation requiring individuals to act reasonably and prudently to avoid causing harm to others.