UCLA-LAW-120 TORTS EXAM GUIDE 2026 Q&A
1. A plaintiff sues for battery after the defendant intentionally touched
their shoulder during an argument. The defendant claims the touch
was incidental to moving past the plaintiff in a crowded room. Which
element of battery is most critical to determine liability?
A. Whether the plaintiff suffered actual physical harm
B. Whether the defendant had malicious motive
C. Whether the contact was harmful or offensive to a reasonable sense
of human dignity
D. Whether the plaintiff explicitly objected to the contact
Correct Answer: C
Explanation: Battery requires harmful or offensive contact,
measured by whether it would offend a reasonable person's sense of
dignity. Actual harm is not required (A is incorrect), motive is
irrelevant (B is incorrect), and explicit objection is not necessary (D
is incorrect).
2. In a negligence action, the plaintiff must establish duty, breach,
causation, and damages. Which standard is used to determine
whether a defendant breached their duty of care?
A. The subjective standard of what the particular defendant thought
was reasonable
B. The reasonable person standard under similar circumstances
C. The professional standard of care for the defendant's occupation
D. The strict liability standard regardless of fault
Correct Answer: B
Explanation: The reasonable person standard is the general test for
negligence breach (B is correct). Subjective standards don't apply (A
is incorrect), professional standards apply only to professionals (C
is incorrect), and strict liability is separate from negligence (D is
incorrect).
,3. A store owner sets up a tripwired spring gun to catch burglars. A
trespasser is injured by the gun. Under tort law, what is the most
accurate statement about the store owner's liability?
A. The store owner is not liable because the trespasser had no right to
be on the property
B. The store owner is liable because deadly force is never justified to
protect property
C. The store owner is liable only if the trespasser was actually stealing
at the moment
D. The store owner is not liable if the trespasser was committing a
felony
Correct Answer: B
Explanation: Deadly force (including spring guns) is never justified
solely to protect property, making the owner liable (B is correct).
Trespassers still have rights (A is incorrect), timing of theft doesn't
justify deadly force (C is incorrect), and felony commission doesn't
justify deadly force for property protection (D is incorrect).
4. Which of the following best describes the "eggshell skull" rule in tort
law?
A. Defendants are only liable for injuries a reasonable person could
anticipate
B. Defendants take their plaintiffs as they find them, including
unusual susceptibility to injury
C. Plaintiffs with pre-existing conditions cannot recover damages
D. Defendants are liable only for the normal extent of injuries from
their conduct
Correct Answer: B
Explanation: The eggshell skull rule means defendants are liable for
all consequences of their tortious conduct, even if plaintiff's unusual
vulnerability makes injuries worse than expected (B is correct).
Foreseeability of extent doesn't limit liability (A and D are
incorrect), and pre-existing conditions don't bar recovery (C is
incorrect).
,5. A plaintiff is injured when a defendant's car hits them while
jaywalking. The jury finds the plaintiff 40% at fault and the defendant
60% at fault. In a pure comparative negligence jurisdiction, what is
the result?
A. Plaintiff recovers nothing because they were more than 50% at
fault
B. Plaintiff recovers 60% of their damages
C. Plaintiff recovers 40% of their damages
D. Plaintiff recovers 100% of their damages
Correct Answer: B
Explanation: In pure comparative negligence, plaintiff recovers
damages reduced by their percentage of fault (100% - 40% = 60%)
(B is correct). The 50% bar applies to modified comparative
negligence, not pure (A is incorrect). Plaintiff doesn't recover their
fault percentage (C is incorrect) and doesn't recover full damages (D
is incorrect).
6. Which intentional tort requires proof that the defendant acted with
the purpose of causing emotional distress or with reckless disregard
of the high probability of causing such distress?
A. Battery
B. Assault
C. Intentional Infliction of Emotional Distress (IIED)
D. False Imprisonment
Correct Answer: C
Explanation: IIED requires extreme and outrageous conduct
executed with purpose or reckless disregard for causing severe
emotional distress (C is correct). Battery requires contact (A is
incorrect), assault requires apprehension of harmful contact (B is
incorrect), and false imprisonment requires confinement (D is
incorrect).
7. A doctor fails to inform a patient of a 5% risk of paralysis from
surgery. The patient undergoes surgery and is paralyzed. Under the
, professional standard for informed consent, what must the plaintiff
prove?
A. That a reasonable patient would have declined surgery if informed
B. That the medical community customarily discloses this risk
C. That the doctor acted unreasonably under the circumstances
D. That the paralysis was a foreseeable consequence of the surgery
Correct Answer: B
Explanation: The professional standard (used in most jurisdictions)
requires showing that reasonable medical practitioners under
similar circumstances would have disclosed the risk (B is correct).
The reasonable patient standard is the minority approach (A is
incorrect). General reasonableness (C) and foreseeability (D) are not
the informed consent standard.
8. In a products liability action based on strict liability, what must the
plaintiff prove?
A. The defendant was negligent in manufacturing the product
B. The product was defective and unreasonably dangerous when it left
the defendant's control
C. The defendant knew about the defect but failed to warn
D. The plaintiff purchased the product directly from the defendant
Correct Answer: B
Explanation: Strict products liability requires proving the product
was defective and unreasonably dangerous when sold, without
needing to prove negligence (B is correct). Negligence is not
required (A is incorrect), knowledge is not required (C is incorrect),
and privity is not required (D is incorrect).
9. Which of the following activities is most likely to be considered
"abnormally dangerous" and subject to strict liability?
A. Driving a car on a public highway
B. Storing gasoline in a residential garage
C. Blasting operations using explosives in a populated area
D. Keeping a pet dog in a suburban neighborhood
1. A plaintiff sues for battery after the defendant intentionally touched
their shoulder during an argument. The defendant claims the touch
was incidental to moving past the plaintiff in a crowded room. Which
element of battery is most critical to determine liability?
A. Whether the plaintiff suffered actual physical harm
B. Whether the defendant had malicious motive
C. Whether the contact was harmful or offensive to a reasonable sense
of human dignity
D. Whether the plaintiff explicitly objected to the contact
Correct Answer: C
Explanation: Battery requires harmful or offensive contact,
measured by whether it would offend a reasonable person's sense of
dignity. Actual harm is not required (A is incorrect), motive is
irrelevant (B is incorrect), and explicit objection is not necessary (D
is incorrect).
2. In a negligence action, the plaintiff must establish duty, breach,
causation, and damages. Which standard is used to determine
whether a defendant breached their duty of care?
A. The subjective standard of what the particular defendant thought
was reasonable
B. The reasonable person standard under similar circumstances
C. The professional standard of care for the defendant's occupation
D. The strict liability standard regardless of fault
Correct Answer: B
Explanation: The reasonable person standard is the general test for
negligence breach (B is correct). Subjective standards don't apply (A
is incorrect), professional standards apply only to professionals (C
is incorrect), and strict liability is separate from negligence (D is
incorrect).
,3. A store owner sets up a tripwired spring gun to catch burglars. A
trespasser is injured by the gun. Under tort law, what is the most
accurate statement about the store owner's liability?
A. The store owner is not liable because the trespasser had no right to
be on the property
B. The store owner is liable because deadly force is never justified to
protect property
C. The store owner is liable only if the trespasser was actually stealing
at the moment
D. The store owner is not liable if the trespasser was committing a
felony
Correct Answer: B
Explanation: Deadly force (including spring guns) is never justified
solely to protect property, making the owner liable (B is correct).
Trespassers still have rights (A is incorrect), timing of theft doesn't
justify deadly force (C is incorrect), and felony commission doesn't
justify deadly force for property protection (D is incorrect).
4. Which of the following best describes the "eggshell skull" rule in tort
law?
A. Defendants are only liable for injuries a reasonable person could
anticipate
B. Defendants take their plaintiffs as they find them, including
unusual susceptibility to injury
C. Plaintiffs with pre-existing conditions cannot recover damages
D. Defendants are liable only for the normal extent of injuries from
their conduct
Correct Answer: B
Explanation: The eggshell skull rule means defendants are liable for
all consequences of their tortious conduct, even if plaintiff's unusual
vulnerability makes injuries worse than expected (B is correct).
Foreseeability of extent doesn't limit liability (A and D are
incorrect), and pre-existing conditions don't bar recovery (C is
incorrect).
,5. A plaintiff is injured when a defendant's car hits them while
jaywalking. The jury finds the plaintiff 40% at fault and the defendant
60% at fault. In a pure comparative negligence jurisdiction, what is
the result?
A. Plaintiff recovers nothing because they were more than 50% at
fault
B. Plaintiff recovers 60% of their damages
C. Plaintiff recovers 40% of their damages
D. Plaintiff recovers 100% of their damages
Correct Answer: B
Explanation: In pure comparative negligence, plaintiff recovers
damages reduced by their percentage of fault (100% - 40% = 60%)
(B is correct). The 50% bar applies to modified comparative
negligence, not pure (A is incorrect). Plaintiff doesn't recover their
fault percentage (C is incorrect) and doesn't recover full damages (D
is incorrect).
6. Which intentional tort requires proof that the defendant acted with
the purpose of causing emotional distress or with reckless disregard
of the high probability of causing such distress?
A. Battery
B. Assault
C. Intentional Infliction of Emotional Distress (IIED)
D. False Imprisonment
Correct Answer: C
Explanation: IIED requires extreme and outrageous conduct
executed with purpose or reckless disregard for causing severe
emotional distress (C is correct). Battery requires contact (A is
incorrect), assault requires apprehension of harmful contact (B is
incorrect), and false imprisonment requires confinement (D is
incorrect).
7. A doctor fails to inform a patient of a 5% risk of paralysis from
surgery. The patient undergoes surgery and is paralyzed. Under the
, professional standard for informed consent, what must the plaintiff
prove?
A. That a reasonable patient would have declined surgery if informed
B. That the medical community customarily discloses this risk
C. That the doctor acted unreasonably under the circumstances
D. That the paralysis was a foreseeable consequence of the surgery
Correct Answer: B
Explanation: The professional standard (used in most jurisdictions)
requires showing that reasonable medical practitioners under
similar circumstances would have disclosed the risk (B is correct).
The reasonable patient standard is the minority approach (A is
incorrect). General reasonableness (C) and foreseeability (D) are not
the informed consent standard.
8. In a products liability action based on strict liability, what must the
plaintiff prove?
A. The defendant was negligent in manufacturing the product
B. The product was defective and unreasonably dangerous when it left
the defendant's control
C. The defendant knew about the defect but failed to warn
D. The plaintiff purchased the product directly from the defendant
Correct Answer: B
Explanation: Strict products liability requires proving the product
was defective and unreasonably dangerous when sold, without
needing to prove negligence (B is correct). Negligence is not
required (A is incorrect), knowledge is not required (C is incorrect),
and privity is not required (D is incorrect).
9. Which of the following activities is most likely to be considered
"abnormally dangerous" and subject to strict liability?
A. Driving a car on a public highway
B. Storing gasoline in a residential garage
C. Blasting operations using explosives in a populated area
D. Keeping a pet dog in a suburban neighborhood
