Tort Law Fundamentals Quiz

Tort law aims to provide compensation to victims for harm inflicted by others.

Breach of contract is not a type of tort, but a contractual violation.

Libel pertains to written defamation, while slander involves spoken defamatory statements.

The statute of limitations for most tort claims is typically 2 years, limiting the time within which legal action can be initiated.

Compensatory damages reimburse the plaintiff, while punitive damages penalize the defendant for egregious conduct.

Breach of contract is not an element of negligence; negligence involves duty, breach, causation, and harm.

The reasonable person standard assesses a defendant's conduct by comparing it to how a reasonable person would act in similar circumstances.

Negligence is not an intentional tort; intentional torts include actions with deliberate harm or wrongful intent.

Strict liability applies when a manufacturer is held accountable for injuries resulting from a defective product, regardless of fault.

The purpose of tort law is to offer a legal remedy for individuals harmed by the wrongful actions of others.

The standard of proof in tort cases is the preponderance of the evidence, requiring a greater than 50% likelihood of the defendant's liability.

Defamation is an intentional tort involving false statements harming someone's reputation.

The eggshell skull rule holds the defendant liable for the full extent of injuries, regardless of their unexpected severity.

Defenses to defamation include truth, privilege, and opinion, encompassing 'All of the above.'

Res ipsa loquitur infers negligence from the situation itself, stating 'the thing speaks for itself.'

The thin-skull rule requires proving the defendant's negligence caused the plaintiff's injury, regardless of the plaintiff's pre-existing vulnerability.

Assault entails the threat of harm, while battery involves actual physical contact in tort law.

Strict liability is not a defense to negligence; defenses include contributory/comparative negligence and assumption of risk.

Sovereign immunity shields government entities from liability for torts committed by their employees.

Strict liability imposes liability regardless of fault, while negligence requires proving a breach of duty.

Assumption of risk prevents recovery for plaintiffs who willingly face a known danger, understanding and accepting the associated risks.

In negligence, the plaintiff must prove causation—establishing the defendant's actions led to the harm suffered.

Strict liability applies when a defendant engages in abnormally dangerous activities, holding them accountable for resulting harm.

Tort reform seeks to reduce the number of tort cases filed, often by limiting damages and altering legal procedures.

The zone of danger rule dictates that a defendant is only liable if the plaintiff was within the zone of danger during the incident.