Torts AdaptiBar Questions and Answers
Latest Version Already Passed
What must a plaintiff prove to succeed in a negligence claim?
✔✔Duty, breach, causation, and damages
Who is liable if an employee commits a tort within the scope of employment?
✔✔The employer
What type of tort is committed when someone intentionally touches another in a harmful or
offensive way?
✔✔Battery
What defense can a defendant use if the plaintiff voluntarily engaged in a risky activity?
✔✔Assumption of risk
What tort occurs when someone confines another person without legal justification?
✔✔False imprisonment
1
,What is required to establish intentional infliction of emotional distress?
✔✔Extreme and outrageous conduct that causes severe emotional harm
What is the difference between libel and slander?
✔✔Libel is written defamation; slander is spoken
What is required for a plaintiff to claim defamation?
✔✔A false statement of fact published to a third party that harms reputation
Who is an invitee in tort law?
✔✔A person invited onto land for the owner’s benefit, such as a customer
What duty does a landowner owe to a licensee?
✔✔To warn of known, hidden dangers
What tort is committed when someone enters another's land without permission?
✔✔Trespass to land
2
,What is the key factor in determining proximate cause in negligence?
✔✔Foreseeability
What damages are available in a private nuisance claim?
✔✔Injunctive relief and compensatory damages
What is required to prove a design defect in strict liability?
✔✔That the product was unreasonably dangerous as designed
What is the tort called when someone intentionally takes another’s personal property and refuses
to return it?
✔✔Conversion
What standard of care is applied to children in negligence cases?
✔✔A reasonable child of similar age, intelligence, and experience
What is transferred intent?
✔✔When the intent to commit one tort transfers to another person or tort
3
, What tort is committed when a person uses another’s name or image without consent for
commercial purposes?
✔✔Appropriation of likeness
What must a plaintiff show in a public nuisance claim?
✔✔That they suffered special harm beyond that of the general public
What is an attractive nuisance?
✔✔A dangerous condition on land likely to attract children
What is vicarious liability?
✔✔Liability imposed on one party for the actions of another, such as an employer for an
employee
What are the elements of battery?
✔✔Intentional harmful or offensive contact with another without consent
4
Latest Version Already Passed
What must a plaintiff prove to succeed in a negligence claim?
✔✔Duty, breach, causation, and damages
Who is liable if an employee commits a tort within the scope of employment?
✔✔The employer
What type of tort is committed when someone intentionally touches another in a harmful or
offensive way?
✔✔Battery
What defense can a defendant use if the plaintiff voluntarily engaged in a risky activity?
✔✔Assumption of risk
What tort occurs when someone confines another person without legal justification?
✔✔False imprisonment
1
,What is required to establish intentional infliction of emotional distress?
✔✔Extreme and outrageous conduct that causes severe emotional harm
What is the difference between libel and slander?
✔✔Libel is written defamation; slander is spoken
What is required for a plaintiff to claim defamation?
✔✔A false statement of fact published to a third party that harms reputation
Who is an invitee in tort law?
✔✔A person invited onto land for the owner’s benefit, such as a customer
What duty does a landowner owe to a licensee?
✔✔To warn of known, hidden dangers
What tort is committed when someone enters another's land without permission?
✔✔Trespass to land
2
,What is the key factor in determining proximate cause in negligence?
✔✔Foreseeability
What damages are available in a private nuisance claim?
✔✔Injunctive relief and compensatory damages
What is required to prove a design defect in strict liability?
✔✔That the product was unreasonably dangerous as designed
What is the tort called when someone intentionally takes another’s personal property and refuses
to return it?
✔✔Conversion
What standard of care is applied to children in negligence cases?
✔✔A reasonable child of similar age, intelligence, and experience
What is transferred intent?
✔✔When the intent to commit one tort transfers to another person or tort
3
, What tort is committed when a person uses another’s name or image without consent for
commercial purposes?
✔✔Appropriation of likeness
What must a plaintiff show in a public nuisance claim?
✔✔That they suffered special harm beyond that of the general public
What is an attractive nuisance?
✔✔A dangerous condition on land likely to attract children
What is vicarious liability?
✔✔Liability imposed on one party for the actions of another, such as an employer for an
employee
What are the elements of battery?
✔✔Intentional harmful or offensive contact with another without consent
4
