Topic 3 Quiz

What is the origin of the word "tort"?

• Latin meaning "justice"

• French meaning "wrong"

• Old English meaning "law"

• German meaning "punishment"

Negligent torts differ from strict liability torts because negligent torts require proof of:

• Duty and breach

• Criminal intent

• Foreseeability of harm

• Intentional harm

Breach of duty in tort law is defined as:

• Intentionally harming someone

• Failing to act as the law obligates

• Engaging in inherently dangerous activities

• Ignoring a contract obligation

Foreseeability is essential for determining:

• Causation in fact

• Breach of duty

• Proximate cause

• Strict liability

A defendant's liability may be limited by proximate cause because:

• Not all consequences are foreseeable

• No harm actually occurred

• The plaintiff consented to the risk

• The defendant had no legal duty

In which case is the "volenti" defense likely to succeed?

• When the plaintiff was unaware of any risks

• When the plaintiff was coerced into taking the risk

• When the plaintiff knowingly and voluntarily accepted the risk

• When negligence was not present

Which element is NOT required to prove negligence?

• Duty

• Intent

• Causation

• Damages

A roofer falls after Ken Griffey Jr.'s bat hits his ladder. The roofer breaking both arms is an example of:

• Causation in fact

• Proximate cause

• No liability

• Contributory negligence

When is there no liability in a strict liability case?

• When the defendant took reasonable precautions

• When there was intent to cause harm

• When the plaintiff assumed the risk

• When no injury occurred

What would a court likely consider in determining the value of Betty’s crushed arm?

• Her favorite hobbies

• Whether she was a concert pianist or aspiring one

• How close Steven was standing

• Her intent to sue