True / False
1. A tort is broadly defined as a civil wrong, other than a breach of contract, for which the law provides a remedy.
a. True
b. False
2. The rules of tort law have changed little over the past two centuries.
a. True
b. False
3. Tort law evolves through time by court decisions that reflect social values and community standards.
a. True
b. False
a. True
b. False
4. A tort is broadly defined as a criminal wrong, other than a breach of contract, for which the law provides a remedy.
a. True
b. False
5. The primary purpose of tort law is to inflict punishment on the wrongdoer.
a. True
b. False
6. Torts are common law crimes.
a. True
b. False
7. All torts, which are civil matters, are also potentially criminal acts.
a. True
b. False
8. Tort law is intended to try to put an injured party in the position he would have been in if the tort had not occurred.
a. True
b. False
9. A business is liable for the tort actions of its employees if carried out within the scope of their jobs.
a. True
b. False
10. A business can be involved in a tort action if a person is harmed or injured by an employee.
a. True
b. False
11. Businesses, because they are not legal persons, may not cause a tort, only humans.
12. In determining negligence, the law applies a reasonable-person standard, which requires a person to use extra-
ordinary care in their actions.
a. True
b. False
13. An individual liable for negligence might not have intended to injure another person.
a. True
b. False
14. New Zealand, which has an English law heritage, does not allow tort litigation.
a. True
b. False
15. In New Zealand if a careless driver runs into someone and causes injury, the injured party cannot sue, but will be
compensated under a government insurance program.
a. True
b. False
16. To be liable of a tort in negligence, one must have owed a duty of care to the party who suffered an injury.
a. True
b. False
17. Negligence involves a breach of a duty of care owed to another person by either an act or a failure to act.
a. True
b. False
18. Negligence in tort may be imposed only if a party acted improperly. A failure to act cannot itself lead to a tort.
a. True
b. False
19. In determining if a person’s conduct is negligent, the law applies the “subjective person” standard of what is
reasonable for that person.
a. True
b. False
20. For there to be a tort of negligence, there must be a causal connection between the alleged negligent conduct and
the harm suffered.
a. True
b. False
21. If you are driving and, because you are talking on your cell phone and not paying attention, you accidentally run into
another car, you have been negligent.
a. True
b. False
22. One need only exhibit the ordinary care of a reasonable person when a determination is made if certain actions
were negligent.
a. True
b. False
23. If a doctor is accused of negligence in treating a patient. The standard of care is that which any person would have
given in the same situation.
a. True
b. False
24. In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive to use in production
based on seller’s recommendation, and it did not work, the appeals court held that the seller may be liable for
negligence.
a. True
b. False
25. In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive that did not work as
expected, the appeals court held that there may be a case of negligent misrepresentation by the seller.
a. True
b. False
26. In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive to use in production
based on seller’s recommendation, and it did not work, the appeals court held that there was no evidence of
negligence.
a. True
b. False
27. In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive that did not work as
expected, the appeals court held that the seller of the adhesive could not be liable for negligent misrepresentation,
but the manufacturer could be.
a. True
b. False
28. Res ipsa loquitur means “the thing speaks for itself.”
a. True
b. False
29. Res ipsa loquitur means “the thing has imposed harm.”
a. True
b. False
30. If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is
likely to apply.
a. True
b. False
31. If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is
likely not to apply.
a. True
b. False
32. The notion of cause in fact in a tort is also called the “but for” or sine qua non rule.
a. True
b. False
33. Evidence that shows a person’s conduct is the reason why an event happened may establish the cause-in-fact of
negligent tort.
a. True
b. False
34. A nightclub failed to install the proper number fire escape ladders. A fire in the men‘s bathroom kills a man trapped
in there. The failure to have the legally required number of fire escapes is legally the cause in fact of the legal injury
suffered.
a. True
b. False
35. Under proximate cause, liability is limited to consequences that bear a reasonable relationship to negligent conduct.
a. True
b. False
36. If a person is found liable in tort for negligence, that person is responsible for all consequences, foreseeable or not.
a. True
b. False
37. You stupidly leave a stove burner on in your apartment. It starts a fire that burns down the apartment. A person
driving by sees the fire and, looking at it, runs into another car. Your negligence in starting the fire makes you
responsible to the people involved in the car accident.
a. True
b. False
38. A storm damaged a power line. Power company employees turned off a traffic signal while working on the line. A
fatal accident resulted from the light being out. The power company could be liable due to proximate cause.
a. True
b. False
39. Power company employees turned off a traffic signal while working on a power line and a fatal accident resulted.
The employees, not the power company, could be liable for negligence that contributed to the accident.
a. True
b. False
40. In Palsgraf v. Long Island Railroad, Palsgraf was hurt at a train station by equipment that fell on her during an
explosion. The New York high court held that there was no proximate cause to make the railroad liable.
a. True
b. False
41. In Palsgraf v. Long Island Railroad, Palsgraf was hurt at a train station by equipment that fell on her during an
explosion. The New York high court held that the railroad was liable for negligence in protecting its patrons.
a. True
b. False
42. California and other states use the “substantial factor” test instead of the proximate cause rule.
a. True
b. False
43. The substantial factor test and the proximate cause rule produce significantly different results in negligence cases.
a. True
b. False
44. Intervening conduct is similar to superseding cause in negligence cases.
a. True
b. False
45. If the causal relationship between the defendant’s act and the resulting harm is broken by an intervening act, there
is an approximate cause.
a. True
b. False
46. Because danger invites rescue, those people who attempt to rescue others and get hurt in the process must bear the
costs of their harms themselves.
a. True
b. False
47. You see a house on fire and rush in to save a person trapped in the house. You suffer burns from the fire. The
person who negligently started the fire has no legal obligation to you because there was no knowledge you would
become involved.
a. True
b. False
48. The only defense in case of negligence is that of assumption of risk.
a. True
b. False
49. As a general rule, any defense to an intentional tort is also available in a negligence action.
a. True
b. False
50. Liability waivers are generally against public policy in tort cases and are not allowed as a defense.
a. True
b. False
51. Liability waivers are also called exculpatory clauses.
a. True
b. False
52. In Geczi v. Lifetime Fitness, where Geczi was injured by a defective treadmill machine at Lifetime, the court
held that the state legislature had exempted such places of business from tort liability.
a. True
b. False
53. In Geczi v. Lifetime Fitness, where Geczi was injured by a defective treadmill machine at Lifetime, the court
held that Geczi lost her right to sue because she assumed the risks of playing and signed a liability waiver.
a. True
b. False
54. In Geczi v. Lifetime Fitness, where Geczi was injured by a defective treadmill machine at Lifetime, the court
held that the liability waiver signed by McCune violated public policy, so her suit should be tried.
a. True
b. False
55. A man was injured when riding a mechanical bull at a state fair. The ride was working properly, but riders usually
get bucked off. The man signed a waiver that he accepted the possibility of injury from a fall. When he sued for his
injuries, you would expect the court to throw out the suit if the waiver clearly stated the dangers.
a. True
b. False
56. Damages in a negligence suit are found to be $100,000. If the jury finds the plaintiff was 40 percent responsible, the
defendant would pay for 60 percent of the damages ($60,000) under the rule of comparative negligence.
a. True
b. False
57. Damages in a negligence suit are found to be $100,000. If the jury finds the defendant was 60 percent responsible,
the defendant would pay for 60 percent of the damages ($60,000) under the rule of comparative negligence.
a. True
b. False
58. If a plaintiff is found to be comparatively negligent in a tort suit, the plaintiff will recover no money from the
defendant.
a. True
b. False
59. In some states, if a plaintiff is found to have contributed fifty percent or more of the negligence to a situation, then
there may be no recovery from the defendant.
a. True
b. False
60. A young woman let a strange man into her motel room and was assaulted by him. She sued the motel. Because she
was found 97% responsible, the motel did not have to pay her anything.
a. True
b. False
61. The person who suffers a tort is called a tortfeasor.
a. True
b. False
62. Intentional torts concern willful interference of a protected personal or property right.
a. True
b. False
63. For a person to be found liable for an intentional tort the jury must find that there was a careless act that led to the
harm.
a. True
b. False