TORT LAW FINAL EXAM 2025
QUESTIONS AND ANSWERS
A plaintiff will probably not be able to recover on the basis of strict liability for
flood damage resulting from the overflow of a dam after an extraordinary rainfall
because the rainfall will be considered a(n) ____________________. - --
Answer --/act of God/
____________________ statutes exempt animal owners from strict liability if they
use fencing to keep their animals on their property, while
____________________ statutes allow property owners who properly fence their
property to bring strict liability claims against animal owners whose animals
trespass on their land. - --Answer --/Fencing in, fencing out/
A plaintiff, whose mother minks kill their young because they are traumatized by
the vibrations created by a blasting operation two miles away, will not be able to
recover on the basis of strict liability because the plaintiff will be said to be
conducting a(n) _________________________ activity. - --Answer --
/abnormally sensitive/
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,The courts have carefully categorized certain activities as abnormally dangerous
and have considered fact variations as being essentially irrelevant. - --
Answer --false
A defendant is not strictly liable if the harm that occurs results from the plaintiff
conducting an abnormally sensitive activity. - --Answer --true
Some courts exempt defendants from strict liability if the harm that occurs is a
result of an "act of God." - --Answer --true
A defendant is liable for those damages that result from an abnormally dangerous
activity, even if those damages do not result from the type of risk that makes the
activity abnormally dangerous. - --Answer --false
Strict liability and liability without fault are synonymous terms. - --Answer --
false
The term ____________________ is sometimes used synonymously with strict
liability although it is a misnomer since some defense to strict liability can be
raised. - --Answer --/absolute liability/
Under the English common law, animal owners were strictly liable for damages
caused by any trespassing animals, including cats and dogs. - --Answer --
false
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
, An owner of a domesticated animal is strictly liable for injuries caused by an animal
the owner knows, or should know, has vicious propensities. - --Answer --
true
The Western states adhere to the English common law in terms of liability for
trespassing animals. - --Answer --false
Owners of wild animals may be strictly liable for any damages caused by their pets.
- --Answer --true
Courts are more likely to find proximate cause in cases involving strict liability than
in cases involving negligence. - --Answer --false
All six factors set forth by the Restatement must be met before an activity may be
classified as abnormally dangerous - --Answer --false
A plaintiff who ____________________ will most likely be barred from
recovering on the basis of strict liability because, it will be argued, he or she had
the opportunity to avoid the danger. - --Answer --/assumes the risk/
Assumption of risk is a defense to strict liability but contributory negligence is not.
- --Answer --true
Preventing future harm is a strong motivator for those who advocate strict liability.
- --Answer --true
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
QUESTIONS AND ANSWERS
A plaintiff will probably not be able to recover on the basis of strict liability for
flood damage resulting from the overflow of a dam after an extraordinary rainfall
because the rainfall will be considered a(n) ____________________. - --
Answer --/act of God/
____________________ statutes exempt animal owners from strict liability if they
use fencing to keep their animals on their property, while
____________________ statutes allow property owners who properly fence their
property to bring strict liability claims against animal owners whose animals
trespass on their land. - --Answer --/Fencing in, fencing out/
A plaintiff, whose mother minks kill their young because they are traumatized by
the vibrations created by a blasting operation two miles away, will not be able to
recover on the basis of strict liability because the plaintiff will be said to be
conducting a(n) _________________________ activity. - --Answer --
/abnormally sensitive/
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,The courts have carefully categorized certain activities as abnormally dangerous
and have considered fact variations as being essentially irrelevant. - --
Answer --false
A defendant is not strictly liable if the harm that occurs results from the plaintiff
conducting an abnormally sensitive activity. - --Answer --true
Some courts exempt defendants from strict liability if the harm that occurs is a
result of an "act of God." - --Answer --true
A defendant is liable for those damages that result from an abnormally dangerous
activity, even if those damages do not result from the type of risk that makes the
activity abnormally dangerous. - --Answer --false
Strict liability and liability without fault are synonymous terms. - --Answer --
false
The term ____________________ is sometimes used synonymously with strict
liability although it is a misnomer since some defense to strict liability can be
raised. - --Answer --/absolute liability/
Under the English common law, animal owners were strictly liable for damages
caused by any trespassing animals, including cats and dogs. - --Answer --
false
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
, An owner of a domesticated animal is strictly liable for injuries caused by an animal
the owner knows, or should know, has vicious propensities. - --Answer --
true
The Western states adhere to the English common law in terms of liability for
trespassing animals. - --Answer --false
Owners of wild animals may be strictly liable for any damages caused by their pets.
- --Answer --true
Courts are more likely to find proximate cause in cases involving strict liability than
in cases involving negligence. - --Answer --false
All six factors set forth by the Restatement must be met before an activity may be
classified as abnormally dangerous - --Answer --false
A plaintiff who ____________________ will most likely be barred from
recovering on the basis of strict liability because, it will be argued, he or she had
the opportunity to avoid the danger. - --Answer --/assumes the risk/
Assumption of risk is a defense to strict liability but contributory negligence is not.
- --Answer --true
Preventing future harm is a strong motivator for those who advocate strict liability.
- --Answer --true
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
