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?

  1. Yes, because physical contact occurred
  2. No, because there was no intent to contact her
  3. Yes, because he acted with negligence
  4. 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?

  1. Assault
  2. False imprisonment
  3. Trespass to chattels
  4. Defamation

3. A person entered another’s backyard during a snowstorm to prevent damage to a neighbor’s shed.

What defense may apply?

  1. Consent
  2. Public necessity
  3. Self-defense
  4. 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?

  1. No, because identity of the tortfeasor is unknown
  2. Yes, because such accidents don’t happen absent negligence
  3. No, unless the victim was invited onto the site
  4. 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?

  1. Against an adult standard of care
  2. Under strict liability
  3. Against other children of similar age and experience
  4. 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?

  1. No, because guests assume minor risks
  2. Yes, because landowners owe a duty to warn of known dangers
  3. No, unless the guest notified her of the problem
  4. 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?

  1. No, because the injury was unforeseeable
  2. Yes, because of the eggshell plaintiff rule
  3. No, if the cyclist was speeding
  4. 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?

  1. Nondelegable duty
  2. Independent contractor liability
  3. Respondeat superior
  4. Strict liability

9. A hiker trespassed onto land where explosives were stored. She was injured during a spontaneous explosion.

Is the landowner strictly liable?

  1. Yes, because explosives are abnormally dangerous
  2. No, because the hiker was a trespasser
  3. Yes, if the landowner failed to post warnings
  4. No, unless negligence is shown

10. An individual publicly claimed that a neighbor had committed arson, despite knowing it was false.

What tort applies?

  1. Invasion of privacy
  2. Intentional infliction of emotional distress
  3. Defamation
  4. 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?

  1. A subjective standard based on the driver’s awareness
  2. The standard of a reasonable person
  3. Strict liability for all conduct in school zones
  4. 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?

  1. Breach of fiduciary duty
  2. Battery
  3. Medical negligence for lack of informed consent
  4. 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?

  1. Yes, under strict liability
  2. No, because economic losses are never recoverable
  3. Yes, if the losses are foreseeable and directly caused
  4. 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?

  1. The standard of a reasonable accountant
  2. The standard of a layperson
  3. A strict liability standard
  4. 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?

  1. Yes, under intentional infliction of emotional distress
  2. No, emotional harm must be tied to physical injury
  3. Yes, if the jurisdiction allows claims for negligent infliction of emotional distress
  4. 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?

  1. Comparative fault
  2. Assumption of risk
  3. Contributory negligence
  4. 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?

  1. Negligence for failing to inspect
  2. Breach of warranty
  3. Strict products liability for defective design
  4. 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?

  1. Yes, under vicarious liability
  2. No, if the contractor was solely responsible
  3. Yes, if the duty is nondelegable
  4. 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?

  1. Duty
  2. Actual causation
  3. Proximate causation
  4. Comparative negligence

20. An individual posted private photos of another online without consent.

What claim is most appropriate?

  1. Defamation
  2. Public disclosure of private facts
  3. Trespass to chattels
  4. 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?

  1. Trespass to land
  2. Private nuisance
  3. Negligence
  4. 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?

  1. That the newspaper acted negligently
  2. That the statement was false
  3. That the newspaper acted with actual malice
  4. 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?

  1. Trespass
  2. Nuisance
  3. Conversion
  4. 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?

  1. Defamation
  2. Negligent misrepresentation
  3. Intentional interference with business relations
  4. 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?

  1. That the statement was based on opinion
  2. That the competitor suffered physical injury
  3. That the influencer acted intentionally
  4. 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?

  1. Breach of contract
  2. Negligent misrepresentation
  3. Intentional misrepresentation
  4. Products liability

27. A hiker wandered onto private land and was injured by a hidden trap set by the landowner.

Is the landowner liable?

  1. Yes, for intentional infliction of harm to a trespasser
  2. No, because trespassers assume risks
  3. Yes, under strict liability for land traps
  4. 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?

  1. Absolute privilege
  2. Truth
  3. Conditional privilege
  4. Opinion

29. A company manufactured fireworks. Despite following all regulations, an explosion injured nearby residents.

Is the company liable?

  1. Yes, under strict liability for abnormally dangerous activities
  2. No, because it complied with all safety rules
  3. Yes, but only if negligence is proven
  4. 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?

  1. Whether the fumes physically invaded the property
  2. Whether the factory’s conduct was intentional
  3. Whether the interference was substantial and unreasonable
  4. 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?

  1. Assumption of risk
  2. Lack of duty to trespassers
  3. Comparative fault
  4. 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?

  1. Survival action
  2. Wrongful death action
  3. Battery claim
  4. 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?

  1. Plaintiff is barred from recovery
  2. Plaintiff recovers full damages
  3. Damages are reduced according to each party’s fault
  4. 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?

  1. Necessity
  2. Defense of others
  3. Self-defense
  4. 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?

  1. Whether the owner gave permission
  2. Whether the owner knew of the friend’s prior accidents
  3. Whether the owner was in the car
  4. 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?

  1. Being within the zone of danger
  2. Being a bystander unrelated to the victim
  3. Knowing the driver personally
  4. 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?

  1. Assumption of risk
  2. Res ipsa loquitur
  3. Strict liability
  4. Self-defense

38. A journalist falsely reported that a celebrity committed a crime. The celebrity suffered reputational damage.

Which element must the celebrity show?

  1. Negligence
  2. Reckless disregard or actual malice
  3. Strict liability
  4. Proof of financial loss

39. A homeowner kept wild animals in a private enclosure. One escaped and injured a neighbor.

Is the homeowner liable?

  1. No, if reasonable care was taken
  2. Yes, under strict liability
  3. No, unless negligence is proven
  4. 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?

  1. Defense of necessity
  2. Vicarious liability
  3. Negligence per se
  4. 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?

  1. Yes, because property owners owe a duty to lawful entrants
  2. No, because rescuers are barred from recovery
  3. Yes, if the risk was unforeseeable
  4. No, under the firefighter’s rule

42. A child trespassed onto private land and drowned in an unsecured pond.

Can the landowner be liable?

  1. No, because the child was a trespasser
  2. Yes, because of the attractive nuisance doctrine
  3. No, unless the pond was manmade
  4. 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?

  1. Yes, under respondeat superior
  2. No, unless the employer encouraged the conduct
  3. Yes, if the employee had a history of violence
  4. 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?

  1. Trespass to land
  2. Trespass to chattels
  3. Conversion
  4. 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?

  1. Comparative fault
  2. Expert immunity
  3. Res ipsa loquitur
  4. 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?

  1. That the teacher acted without negligence
  2. That the activity was approved by the school
  3. That the teacher acted within the scope of employment
  4. 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?

  1. No, because the threat was not real
  2. Yes, if the man reasonably believed force was necessary
  3. No, unless the attacker had a weapon
  4. 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?

  1. Public nuisance
  2. Strict liability
  3. Private nuisance
  4. 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?

  1. That the store knew of the defect
  2. That the product was unreasonably dangerous
  3. That the chair was misused
  4. 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?

  1. Survival
  2. Battery
  3. Wrongful death
  4. Defamation