TORTS FINAL EXAM 2025 QUESTIONS
AND ANSWERS
Courts today treat "coming to the nuisance" as an absolute defense against a claim of nuisance.
- ANS False
Nuisance consists of an interference with the plaintiff's right to possession of their property. -
ANS False
An abnormally sensitive plaintiff will be precluded from recovery under a private nuisance
claim. - ANS True
To recover for malicious prosecution, the plaintiff must prove only that the proceedings
concluded in the plaintiff's favor, and that the proceedings were instigated without probable
cause. - ANS False
The courts are more likely to find misrepresentation if an undisclosed fact is a material one. -
ANS True
Half-truths can be the basis of a misrepresentation claim. - ANS True
Environmental law cases have caused a resurgence in nuisance law cases. - ANS True
Tenants cannot sue on the basis of a private nuisance. - ANS False
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,Fraud and misrepresentation are two distinct torts. - ANS False
The tort of misrepresentation is interwoven with other types of tortious behavior. - ANS True
An individual is privileged to breach a contract for the purpose of promoting social interests. -
ANS True
A person who makes a negligent misrepresentation is liable to anyone whom they reasonably
expect to learn about the misrepresentation. - ANS False
The proceedings must conclude in the plaintiff's favor in order for the plaintiff to recover under
malicious prosecution. - ANS True
A defendant may never be liable for misrepresentation for making statements that are merely
beliefs. - ANS False
A nuisance and a trespass are similar except that a trespass requires that interference with the
land must be substantial. - ANS False
Under modern law, if an architect supplies erroneous specifications to a builder, a
subcontractor who relies on those specifications will not be able to sue the architect for
misrepresentation because the specifications were not given to them personally. - ANS False
Historically, claims for negligent misrepresentation were not allowed. - ANS True
Those who incorporate misstatements into commercial documents are liable to those who
suffer as a result of justifiable reliance on those misstatements. - ANS True
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, Actions alone may not constitute concealment. - ANS False
A plaintiff can recover for misrepresentation even if the plaintiff investigated the defendant's
representations and relied totally on their investigation in deciding to rely on those
representations. - ANS False
Exposure to unpleasant sounds and odors may constitute substantial interference to justify suit
for a private nuisance. - ANS True
Innocent misrepresentation applies to product liability through labels or advertising. -
ANS True
Subpoenaing someone for the sole purpose of inducing that person to settle is grounds for an
abuse of process suit. - ANS True
If a plaintiff is acquitted, it can be assumed, for purposes of a malicious prosecution claim, that
the defendant acted without probable cause. - ANS False
Although a defendant may not interfere with an existing contract for purposes of gaining
business for themself, the defendant may do so if only a potential contract exists. - ANS True
To recover for misrepresentation, the plaintiff must prove that their losses were a reasonably
foreseeable result of the misrepresentation. - ANS True
Plaintiffs are not entitled to rely on the opinions of others even if an opinion is expressed by a
disinterested party. - ANS False
Nuisance claims are clearly advantageous in every respect to CERCLA claims. - ANS False
3 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
AND ANSWERS
Courts today treat "coming to the nuisance" as an absolute defense against a claim of nuisance.
- ANS False
Nuisance consists of an interference with the plaintiff's right to possession of their property. -
ANS False
An abnormally sensitive plaintiff will be precluded from recovery under a private nuisance
claim. - ANS True
To recover for malicious prosecution, the plaintiff must prove only that the proceedings
concluded in the plaintiff's favor, and that the proceedings were instigated without probable
cause. - ANS False
The courts are more likely to find misrepresentation if an undisclosed fact is a material one. -
ANS True
Half-truths can be the basis of a misrepresentation claim. - ANS True
Environmental law cases have caused a resurgence in nuisance law cases. - ANS True
Tenants cannot sue on the basis of a private nuisance. - ANS False
1 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
,Fraud and misrepresentation are two distinct torts. - ANS False
The tort of misrepresentation is interwoven with other types of tortious behavior. - ANS True
An individual is privileged to breach a contract for the purpose of promoting social interests. -
ANS True
A person who makes a negligent misrepresentation is liable to anyone whom they reasonably
expect to learn about the misrepresentation. - ANS False
The proceedings must conclude in the plaintiff's favor in order for the plaintiff to recover under
malicious prosecution. - ANS True
A defendant may never be liable for misrepresentation for making statements that are merely
beliefs. - ANS False
A nuisance and a trespass are similar except that a trespass requires that interference with the
land must be substantial. - ANS False
Under modern law, if an architect supplies erroneous specifications to a builder, a
subcontractor who relies on those specifications will not be able to sue the architect for
misrepresentation because the specifications were not given to them personally. - ANS False
Historically, claims for negligent misrepresentation were not allowed. - ANS True
Those who incorporate misstatements into commercial documents are liable to those who
suffer as a result of justifiable reliance on those misstatements. - ANS True
2 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
, Actions alone may not constitute concealment. - ANS False
A plaintiff can recover for misrepresentation even if the plaintiff investigated the defendant's
representations and relied totally on their investigation in deciding to rely on those
representations. - ANS False
Exposure to unpleasant sounds and odors may constitute substantial interference to justify suit
for a private nuisance. - ANS True
Innocent misrepresentation applies to product liability through labels or advertising. -
ANS True
Subpoenaing someone for the sole purpose of inducing that person to settle is grounds for an
abuse of process suit. - ANS True
If a plaintiff is acquitted, it can be assumed, for purposes of a malicious prosecution claim, that
the defendant acted without probable cause. - ANS False
Although a defendant may not interfere with an existing contract for purposes of gaining
business for themself, the defendant may do so if only a potential contract exists. - ANS True
To recover for misrepresentation, the plaintiff must prove that their losses were a reasonably
foreseeable result of the misrepresentation. - ANS True
Plaintiffs are not entitled to rely on the opinions of others even if an opinion is expressed by a
disinterested party. - ANS False
Nuisance claims are clearly advantageous in every respect to CERCLA claims. - ANS False
3 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
