tort law final exam UPDATED ACTUAL Exam Questions and CORRECT Answers

tort law final exam UPDATED ACTUAL
Exam Questions and CORRECT 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) ____________________. - CORRECT 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. - CORRECT 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. - CORRECT ANSWER - /abnormally sensitive/


The courts have carefully categorized certain activities as abnormally dangerous and have
considered fact variations as being essentially irrelevant. - CORRECT ANSWER - false


A defendant is not strictly liable if the harm that occurs results from the plaintiff conducting an
abnormally sensitive activity. - CORRECT ANSWER - true


Some courts exempt defendants from strict liability if the harm that occurs is a result of an "act
of God." - CORRECT 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. - CORRECT ANSWER - false



Strict liability and liability without fault are synonymous terms. - CORRECT 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. - CORRECT
ANSWER - /absolute liability/


Under the English common law, animal owners were strictly liable for damages caused by any
trespassing animals, including cats and dogs. - CORRECT ANSWER - false


An owner of a domesticated animal is strictly liable for injuries caused by an animal the owner
knows, or should know, has vicious propensities. - CORRECT ANSWER - true


The Western states adhere to the English common law in terms of liability for trespassing
animals. - CORRECT ANSWER - false


Owners of wild animals may be strictly liable for any damages caused by their pets. - CORRECT
ANSWER - true


Courts are more likely to find proximate cause in cases involving strict liability than in cases
involving negligence. - CORRECT ANSWER - false


All six factors set forth by the Restatement must be met before an activity may be classified as
abnormally dangerous - CORRECT 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. -
CORRECT ANSWER - /assumes the risk/


Assumption of risk is a defense to strict liability but contributory negligence is not. - CORRECT
ANSWER - true