Torts (Foundational) Question Pack - Questions
1. A man swung a golf club in a crowded parking lot. It slipped from his hands and hit a woman nearby. She sued for battery.
Is he liable?
- Yes, because physical contact occurred
- No, because there was no intent to contact her
- Yes, because he acted with negligence
- No, because she assumed the risk by being nearby
2. A store owner detained a shopper for suspected theft. The shopper was held for three hours in a locked office. No theft occurred.
What tort has likely been committed?
- Assault
- False imprisonment
- Trespass to chattels
- Defamation
3. A person entered another’s backyard during a snowstorm to prevent damage to a neighbor’s shed.
What defense may apply?
- Consent
- Public necessity
- Self-defense
- Private necessity
4. A pedestrian was injured by a falling tool from a construction site. No witnesses saw what happened, and no evidence identified the worker who dropped it.
Can res ipsa loquitur apply?
- No, because identity of the tortfeasor is unknown
- Yes, because such accidents don’t happen absent negligence
- No, unless the victim was invited onto the site
- Yes, because there were multiple potential causes
5. A child threw a rock that hit a car. The owner sued for damages. The jurisdiction uses a modified standard for children.
How is the child’s conduct evaluated?
- Against an adult standard of care
- Under strict liability
- Against other children of similar age and experience
- Based on parental responsibility
6. A homeowner neglected to fix a loose step leading to her front door. A guest tripped and suffered injury.
Is the homeowner liable?
- No, because guests assume minor risks
- Yes, because landowners owe a duty to warn of known dangers
- No, unless the guest notified her of the problem
- Yes, only if the defect was intentionally concealed
7. A motorist accidentally hit a cyclist while adjusting his radio. The cyclist died from internal injuries that were aggravated by a rare medical condition.
Is the motorist liable?
- No, because the injury was unforeseeable
- Yes, because of the eggshell plaintiff rule
- No, if the cyclist was speeding
- Yes, if the motorist violated a traffic law
8. An employer is sued for the negligent driving of its employee during work hours.
What doctrine applies?
- Nondelegable duty
- Independent contractor liability
- Respondeat superior
- Strict liability
9. A hiker trespassed onto land where explosives were stored. She was injured during a spontaneous explosion.
Is the landowner strictly liable?
- Yes, because explosives are abnormally dangerous
- No, because the hiker was a trespasser
- Yes, if the landowner failed to post warnings
- No, unless negligence is shown
10. An individual publicly claimed that a neighbor had committed arson, despite knowing it was false.
What tort applies?
- Invasion of privacy
- Intentional infliction of emotional distress
- Defamation
- Trespass to land
11. A driver hit a pedestrian while speeding through a school zone. The driver claimed he didn’t see the posted signs.
Which duty standard applies?
- A subjective standard based on the driver’s awareness
- The standard of a reasonable person
- Strict liability for all conduct in school zones
- A heightened duty of care due to the pedestrian’s vulnerability
12. A doctor failed to inform a patient of the risks associated with a routine procedure. The patient suffered a known complication.
What is the strongest basis for liability?
- Breach of fiduciary duty
- Battery
- Medical negligence for lack of informed consent
- Res ipsa loquitur
13. A man negligently caused a fire that spread and destroyed his neighbor’s business. The neighbor sued for lost profits.
Is recovery allowed?
- Yes, under strict liability
- No, because economic losses are never recoverable
- Yes, if the losses are foreseeable and directly caused
- No, unless physical injury also occurred
14. An accountant made an error in preparing a tax return. The client sued after being audited.
What is the correct standard of care?
- The standard of a reasonable accountant
- The standard of a layperson
- A strict liability standard
- The standard of the most skilled professionals
15. A bystander suffered emotional distress after witnessing a friend seriously injured in a car accident.
Can the bystander recover?
- Yes, under intentional infliction of emotional distress
- No, emotional harm must be tied to physical injury
- Yes, if the jurisdiction allows claims for negligent infliction of emotional distress
- No, unless the bystander was in the zone of danger
16. A shopper ignored a “Wet Floor” sign and slipped. She sued the store.
What defense is most applicable?
- Comparative fault
- Assumption of risk
- Contributory negligence
- No duty owed to invitees
17. A manufacturer sold a ladder with a design flaw. The buyer fell during normal use.
What type of claim is most appropriate?
- Negligence for failing to inspect
- Breach of warranty
- Strict products liability for defective design
- Misrepresentation
18. A plaintiff sued after being injured by a falling sign outside a store. The owner claimed the sign was installed by an independent contractor.
Can the owner be liable?
- Yes, under vicarious liability
- No, if the contractor was solely responsible
- Yes, if the duty is nondelegable
- No, unless the contractor acted within scope of employment
19. A defendant negligently spilled oil on the road. A car slid and hit a pedestrian several blocks away.
What issue is most central to liability?
- Duty
- Actual causation
- Proximate causation
- Comparative negligence
20. An individual posted private photos of another online without consent.
What claim is most appropriate?
- Defamation
- Public disclosure of private facts
- Trespass to chattels
- Intentional interference with business relations
21. A factory emitted strong odors that drifted into a nearby neighborhood, interfering with residents’ enjoyment of their homes.
What is the strongest tort theory?
- Trespass to land
- Private nuisance
- Negligence
- Public nuisance
22. A newspaper published a false story accusing a local mayor of fraud. The mayor sued for defamation.
What must the mayor prove?
- That the newspaper acted negligently
- That the statement was false
- That the newspaper acted with actual malice
- That the statement caused emotional harm
23. A homeowner built a fence that slightly encroached on a neighbor’s property. The neighbor sued.
What claim is most appropriate?
- Trespass
- Nuisance
- Conversion
- Negligent infliction of emotional distress
24. A man falsely stated that his competitor used child labor. The competitor lost several contracts and sued.
Which tort best applies?
- Defamation
- Negligent misrepresentation
- Intentional interference with business relations
- Public nuisance
25. A social media influencer posted a false review of a competitor’s product, knowing it was untrue.
What is the key element for a defamation claim?
- That the statement was based on opinion
- That the competitor suffered physical injury
- That the influencer acted intentionally
- That the statement was published to a third party
26. A man sold a used car and claimed “it runs like new.” The buyer soon discovered major engine problems.
What tort may apply?
- Breach of contract
- Negligent misrepresentation
- Intentional misrepresentation
- Products liability
27. A hiker wandered onto private land and was injured by a hidden trap set by the landowner.
Is the landowner liable?
- Yes, for intentional infliction of harm to a trespasser
- No, because trespassers assume risks
- Yes, under strict liability for land traps
- No, unless the trap was poorly constructed
28. A passerby overheard a false accusation and repeated it to friends. The person accused sued.
What defense might the passerby claim?
- Absolute privilege
- Truth
- Conditional privilege
- Opinion
29. A company manufactured fireworks. Despite following all regulations, an explosion injured nearby residents.
Is the company liable?
- Yes, under strict liability for abnormally dangerous activities
- No, because it complied with all safety rules
- Yes, but only if negligence is proven
- No, unless the injury was foreseeable
30. A homeowner sued a factory for releasing toxic fumes that made her family ill.
What factor determines whether the nuisance claim succeeds?
- Whether the fumes physically invaded the property
- Whether the factory’s conduct was intentional
- Whether the interference was substantial and unreasonable
- Whether the homeowner suffered economic loss
31. A jogger ignored a “No Trespassing” sign and entered private land, where she tripped over a hidden wire and broke her ankle.
Which defense best supports the landowner?
- Assumption of risk
- Lack of duty to trespassers
- Comparative fault
- Self-defense
32. After negligently crashing a car, a defendant died. The injured passenger sued the deceased’s estate for damages.
What action is proper?
- Survival action
- Wrongful death action
- Battery claim
- Defamation claim
33. A pedestrian suddenly jaywalked into traffic and was struck by a speeding driver. The jurisdiction uses pure comparative negligence.
How will damages be assigned?
- Plaintiff is barred from recovery
- Plaintiff recovers full damages
- Damages are reduced according to each party’s fault
- Only the driver is liable
34. An unarmed man aggressively approached another on a dark street. Fearing attack, the second man punched him in the face.
What defense best applies?
- Necessity
- Defense of others
- Self-defense
- Defense of property
35. A car owner lent her vehicle to a friend who negligently injured a pedestrian. The pedestrian sued both.
What determines the owner’s liability?
- Whether the owner gave permission
- Whether the owner knew of the friend’s prior accidents
- Whether the owner was in the car
- Whether the car was defective
36. A man saw his child hit by a car and suffered severe emotional trauma. He was not physically harmed.
Which factor supports his claim?
- Being within the zone of danger
- Being a bystander unrelated to the victim
- Knowing the driver personally
- Experiencing anger and frustration
37. A woman was walking through a department store when merchandise fell and injured her. The store claimed it had cleaned the area just moments before.
What doctrine may help the plaintiff?
- Assumption of risk
- Res ipsa loquitur
- Strict liability
- Self-defense
38. A journalist falsely reported that a celebrity committed a crime. The celebrity suffered reputational damage.
Which element must the celebrity show?
- Negligence
- Reckless disregard or actual malice
- Strict liability
- Proof of financial loss
39. A homeowner kept wild animals in a private enclosure. One escaped and injured a neighbor.
Is the homeowner liable?
- No, if reasonable care was taken
- Yes, under strict liability
- No, unless negligence is proven
- Yes, only if a statute was violated
40. A defendant sold fireworks to a minor who used them improperly and injured others.
What is the strongest basis for liability?
- Defense of necessity
- Vicarious liability
- Negligence per se
- Assumption of risk
41. A firefighter was injured rescuing a resident during a building fire and sued the property owner for negligent maintenance that caused the fire.
Is the firefighter’s claim likely to succeed?
- Yes, because property owners owe a duty to lawful entrants
- No, because rescuers are barred from recovery
- Yes, if the risk was unforeseeable
- No, under the firefighter’s rule
42. A child trespassed onto private land and drowned in an unsecured pond.
Can the landowner be liable?
- No, because the child was a trespasser
- Yes, because of the attractive nuisance doctrine
- No, unless the pond was manmade
- Yes, only if the child was invited
43. An employee committed battery during work hours while delivering packages. The victim sued the employer.
Is the employer liable?
- Yes, under respondeat superior
- No, unless the employer encouraged the conduct
- Yes, if the employee had a history of violence
- No, because intentional torts are outside the scope of employment
44. A friend borrowed a bicycle and damaged it through careless use. The owner sued.
What claim is most appropriate?
- Trespass to land
- Trespass to chattels
- Conversion
- Strict liability
45. A plaintiff was injured by a falling billboard. At trial, both plaintiff and defendant produced conflicting expert opinions.
What procedural rule assists the plaintiff?
- Comparative fault
- Expert immunity
- Res ipsa loquitur
- Burden shifting due to negligence per se
46. A public school teacher was sued for injuries during a supervised activity. The teacher argued statutory immunity.
What must be shown for the immunity to apply?
- That the teacher acted without negligence
- That the activity was approved by the school
- That the teacher acted within the scope of employment
- That the injury was not foreseeable
47. A man hit another while defending his roommate from an apparent threat. The attacker later claimed he was just joking.
Is the defense valid?
- No, because the threat was not real
- Yes, if the man reasonably believed force was necessary
- No, unless the attacker had a weapon
- Yes, but only if the roommate requested help
48. A man created loud music every night, disturbing one neighbor. The neighbor sued.
Which claim is strongest?
- Public nuisance
- Strict liability
- Private nuisance
- Trespass
49. A store sells lawn chairs that collapse under normal use due to flawed design. A customer is injured.
What must the customer prove in strict liability?
- That the store knew of the defect
- That the product was unreasonably dangerous
- That the chair was misused
- That the store failed to warn
50. After a fatal accident caused by negligent driving, the decedent’s family sued for loss of companionship and funeral expenses.
What type of action is this?
- Survival
- Battery
- Wrongful death
- Defamation