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Tort enzo 1

Law of tort quiz

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lorensjustus1
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2 views

Tort enzo 1

Law of tort quiz

Uploaded by

lorensjustus1
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1. Define tort law. What is its main purpose in the legal system?

Answer: Tort law is a branch of civil law that addresses wrongs or harms done
by one party to another. Its main purpose is to provide relief to individuals
harmed by the wrongful acts of others, deter individuals from committing
harmful acts, and to restore, as much as possible, the injured party to their
original position by awarding damages or other remedies.

2. What are the three main types of torts? Briefly describe each one with
examples.

Answer:

Intentional Torts: These involve deliberate actions that cause harm, such as
assault, battery, or trespass. For example, if a person intentionally hits
someone else, that would be considered an intentional tort (battery).

Negligence: This occurs when someone fails to act with reasonable care,
resulting in unintentional harm to another person. An example is a car
accident caused by a driver not paying attention to the road.

Strict Liability: In strict liability cases, a person can be held liable without
fault for engaging in inherently dangerous activities. For instance, if a
company manufactures a defective product that injures a consumer, the
company may be strictly liable for the injury.
3. Explain the concept of “duty of care.” Why is it important in tort law,
particularly in negligence cases?

Answer: Duty of care is a legal obligation requiring individuals to avoid


actions or omissions that could foreseeably harm others. In tort law,
particularly negligence cases, it is important because establishing a duty of
care is the first step in proving liability. If there is no duty of care owed by the
defendant to the plaintiff, there is no basis for a negligence claim.

4. What are the key elements of a negligence claim? Provide a brief


description of each.

Answer:

Duty: The defendant owed a legal duty of care to the plaintiff.

Breach: The defendant breached that duty by acting (or failing to act) in a
certain way.

Causation: The defendant’s breach directly caused the harm. This includes
both actual cause (“but-for” causation) and proximate cause.

Damages: The plaintiff suffered actual harm or loss as a result of the


defendant’s breach.

5. What does the term “proximate cause” mean in tort law? Why is it
essential in determining liability?
Answer: Proximate cause refers to the legal concept that limits a defendant’s
liability to the consequences of their actions that are closely related or
reasonably foreseeable. It ensures that the harm suffered by the plaintiff is
sufficiently connected to the defendant’s breach of duty. Without proximate
cause, the chain of events between the breach and the harm might be too
remote to hold the defendant liable.

6. How does “intent” differ in intentional torts compared to negligence?


Can someone be held liable for an intentional tort even if they didn’t
harm the intended person?

Answer: In intentional torts, the defendant’s actions are deliberate, meaning


they intend the act that leads to harm. In negligence, however, there is no
intent to harm; instead, harm arises from carelessness or failure to act with
reasonable care. Yes, a person can still be liable for an intentional tort even if
they harm someone other than the intended target, due to the doctrine of
“transferred intent.”

7. Describe the concept of “strict liability” and give an example of a


situation where strict liability applies.

Answer: Strict liability is a legal doctrine where a party is held responsible for
damages or injuries caused by their actions or products, regardless of fault or
intent. This typically applies in cases involving inherently dangerous
activities or defective products. For example, if a pet owner’s exotic animal
harms someone, the owner may be held strictly liable regardless of
precautions taken.

8. What is the difference between “compensatory damages” and


“punitive damages”? In what scenarios are each awarded?
Answer:

Compensatory Damages: These are awarded to make the plaintiff “whole” by


covering actual losses suffered, such as medical expenses or lost wages.
They are common in all types of tort cases.

Punitive Damages: These are awarded in addition to compensatory damages


to punish the defendant and deter similar conduct in the future. They are
generally only awarded in cases of egregious or reckless behavior, such as
intentional torts or gross negligence.

9. What is vicarious liability? How does it relate to employer-employee


relationships in tort cases?

Answer: Vicarious liability is a legal principle holding one party responsible


for the actions of another. In employer-employee relationships, an employer
may be held vicariously liable for the wrongful acts of an employee if those
acts were committed within the scope of employment. For example, if an
employee causes an accident while performing job duties, the employer
could be liable for damages.

10. Briefly explain the “Eggshell Skull Rule.” How does this rule affect
a defendant’s liability?

Answer: The “Eggshell Skull Rule” states that a defendant is fully liable for a
plaintiff’s injuries, even if the injuries are unexpectedly severe due to a
preexisting condition. This means a defendant cannot avoid liability by
claiming the plaintiff’s injuries were worsened by a fragile condition. The
defendant must take the plaintiff “as they find them.”

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