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Tort Law

Description: This quiz is designed to test your knowledge of Tort Law.
Number of Questions: 14
Created by:
Tags: tort law negligence intentional torts defenses
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What is the basic element of negligence?

  1. Duty of care

  2. Breach of duty

  3. Causation

  4. Damages

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Correct Option: A
Explanation:

The basic element of negligence is the existence of a duty of care owed by one person to another.

Which of the following is not an element of negligence?

  1. Duty of care

  2. Breach of duty

  3. Causation

  4. Intent

Show answer
Correct Option: D
Explanation:

Intent is not an element of negligence. Negligence is a breach of a legal duty that a person has to another. Intent is not required for negligence.

What is the most common type of intentional tort?

  1. Assault

  2. Battery

  3. False imprisonment

  4. Trespass to chattels

Show answer
Correct Option: B
Explanation:

Battery is the most common type of intentional tort. Battery is the intentional, harmful or offensive touching of another person without their consent.

What is the difference between assault and battery?

  1. Assault is the intent to cause harm, while battery is the actual causing of harm.

  2. Assault is the threat of harm, while battery is the actual causing of harm.

  3. Assault is the causing of fear of harm, while battery is the actual causing of harm.

  4. Assault is the apprehension of harm, while battery is the actual causing of harm.

Show answer
Correct Option: B
Explanation:

Assault is the threat of harm, while battery is the actual causing of harm. Assault is a common law tort that occurs when a person acts with the intent to cause fear of imminent harm to another person.

What is the defense of self-defense?

  1. The defendant was acting in defense of themselves or another person.

  2. The defendant was acting in defense of their property.

  3. The defendant was acting in defense of their reputation.

  4. The defendant was acting in defense of their rights.

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Correct Option: A
Explanation:

The defense of self-defense is a defense to a criminal charge that allows a person to use force to defend themselves or another person from imminent harm.

What is the defense of necessity?

  1. The defendant was acting to prevent a greater harm.

  2. The defendant was acting to prevent a lesser harm.

  3. The defendant was acting to prevent a future harm.

  4. The defendant was acting to prevent a past harm.

Show answer
Correct Option: A
Explanation:

The defense of necessity is a defense to a criminal charge that allows a person to break the law in order to prevent a greater harm.

What is the defense of consent?

  1. The defendant had the consent of the victim.

  2. The defendant had the consent of the victim's parent or guardian.

  3. The defendant had the consent of the victim's doctor.

  4. The defendant had the consent of the victim's lawyer.

Show answer
Correct Option: A
Explanation:

The defense of consent is a defense to a criminal charge that allows a person to break the law if they have the consent of the victim.

What is the defense of assumption of risk?

  1. The defendant knew and appreciated the risk of harm.

  2. The defendant voluntarily assumed the risk of harm.

  3. The defendant was negligent in assuming the risk of harm.

  4. The defendant was reckless in assuming the risk of harm.

Show answer
Correct Option: A
Explanation:

The defense of assumption of risk is a defense to a negligence action that allows a defendant to escape liability if the plaintiff knew and appreciated the risk of harm and voluntarily assumed that risk.

What is the defense of statute of limitations?

  1. The plaintiff's claim is barred by the statute of limitations.

  2. The defendant's claim is barred by the statute of limitations.

  3. The court's claim is barred by the statute of limitations.

  4. The jury's claim is barred by the statute of limitations.

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Correct Option: A
Explanation:

The defense of statute of limitations is a defense to a civil action that allows a defendant to escape liability if the plaintiff's claim is barred by the statute of limitations.

What is the defense of contributory negligence?

  1. The plaintiff's negligence contributed to their own injuries.

  2. The defendant's negligence contributed to the plaintiff's injuries.

  3. The court's negligence contributed to the plaintiff's injuries.

  4. The jury's negligence contributed to the plaintiff's injuries.

Show answer
Correct Option: A
Explanation:

The defense of contributory negligence is a defense to a negligence action that allows a defendant to escape liability if the plaintiff's negligence contributed to their own injuries.

What is the defense of comparative negligence?

  1. The plaintiff's negligence is compared to the defendant's negligence.

  2. The defendant's negligence is compared to the plaintiff's negligence.

  3. The court's negligence is compared to the plaintiff's negligence.

  4. The jury's negligence is compared to the plaintiff's negligence.

Show answer
Correct Option: A
Explanation:

The defense of comparative negligence is a defense to a negligence action that allows a defendant to escape liability if the plaintiff's negligence is compared to the defendant's negligence.

What is the defense of last clear chance?

  1. The defendant had the last clear chance to avoid the accident.

  2. The plaintiff had the last clear chance to avoid the accident.

  3. The court had the last clear chance to avoid the accident.

  4. The jury had the last clear chance to avoid the accident.

Show answer
Correct Option: A
Explanation:

The defense of last clear chance is a defense to a negligence action that allows a defendant to escape liability if the defendant had the last clear chance to avoid the accident.

What is the defense of sudden emergency?

  1. The defendant was faced with a sudden emergency.

  2. The plaintiff was faced with a sudden emergency.

  3. The court was faced with a sudden emergency.

  4. The jury was faced with a sudden emergency.

Show answer
Correct Option: A
Explanation:

The defense of sudden emergency is a defense to a negligence action that allows a defendant to escape liability if the defendant was faced with a sudden emergency.

What is the defense of act of God?

  1. The accident was caused by an act of God.

  2. The accident was caused by an act of man.

  3. The accident was caused by an act of nature.

  4. The accident was caused by an act of war.

Show answer
Correct Option: A
Explanation:

The defense of act of God is a defense to a negligence action that allows a defendant to escape liability if the accident was caused by an act of God.

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