TORT LAW TEST BANK QUESTIONS
WITH CORRECT DETAILED ANSWERS
INTENTIONAL TORTS AGAINST PROPERTY - Answer- Actions that interfere with an
individual's rights with regard to their land or personal property.
TRESPASS TO LAND - Answer- It involves someone entering onto someone else's
property without permission, or throwing something to her or his property, or causing
something to go through the premises, or remaining on the property, or permitting
anything to remain on it. If a person has a license to enter onto another's property but
the owner decides to revoke it, from then on, if that person continues to stay, they
become a trespasser. The owner has to establish that a person is a trespasser,
because in some situations it may not be so obvious that there is private property (in a
lot of land for example). The owner must post signs, fences, wires. If a person enters to
commit an illegal act, he or she is established impliedly as a trespasser, even if there
are not posted signs. The owner can remove or detain a trespasser through the use of
reasonable force.
Reasonable duty of care: - Answer- If there is something dangerous inside the property,
typically, if it is obvious, the owner will not have to warn the trespasser that there is
danger. However, if there is something dangerous that is not obvious, the owner needs
to warn even trespassers that they may be injured for trespassing. For example,
"beware of the dog" or "electrified fence".
The attractive nuisance doctrine: - Answer- If there is something that captures the
attention of children (not necessarily children) the owner has to set preemptive
measures. For example, if there is a swimming pool, I should put a fence around the
swimming pool for trespassers not to fall into the pool. If the owner does not do that, he
or she may be held liable for the injuries.
Defenses: - Answer- 1. Emergency situations do not require a license to enter the
property. The trespass is warranted if a person enters to assist someone in danger. 2.
License to enter into the property.
TRESPASS TO PERSONAL PROPERTY / CHATTELS - Answer- The tortfeasor takes
or harms intentionally someone else's personal property, or interferes with the lawful
owner's possession and enjoyment of the personal property. As with trespass to land, I
may let you borrow my property, but once I withdraw that permission, I establish you as
a trespasser to personal property. If the person does not keep the item but hides it, it is
still trespass (barring an owner's access to personal property). Harming does not
necessarily mean destroying the thing, but also diminishing its value, condition or
quality.
, Defenses: - Answer- 1. Showing that the trespass was warranted. For example,
artisan's lien. It is a right that people who have worked on an item to improve it, fix it,
recover its functionality, have to the item provided they are not paid. The item is used to
make sure that the person will pay for whatever work was made on the item. The artisan
may have a right to sell the item and collect from the proceeds of that sale, but he or
she will have to pay the remainder.
CONVERSION - Answer- It is quite similar to trespass to personalty. The tortfeasor
takes or uses someone else's personal property without permission. An act that
deprives an owner of personal property without just cause. Even the taking of electronic
records or data may form the basis for conversion. A single taking of an item could be
considered both trespass to personal property and conversion. Often, when conversion
occurs, a trespass to personal property also occurs because the original taking of the
personal property from the owner was a trespass, and wrongfully retaining it is
conversion. Conversion is the civil side of theft. Conversion has the idea that the
tortfeasor no longer acknowledges the other person's right to full possession of the item.
Typically when the tortfeasor gains an economic advantage is conversion.
DISPARAGEMENT OF PROPERTY - Answer- It is quite similar to defamation. The
same statement may amount to disparagement of property and defamation. False
statements are made about another's product or property with the intent of discouraging
a third person from dealing with the owner. The tortfeasor must know that the statement
is false, the statement must be intentional, a publication must be made, and the owner
must suffer economic harm as a result of the statement.
Slander of quality or trade libel: - Answer- Making a false statement about a person's
product alleging that it is not what the seller claims.
Slander of title: - Answer- Making a false statement that denies a person's legal
ownership of property
NEGLIGENCE - Answer- An act that departs from a reasonable standard of care and
therefore creates an unreasonable risk of harm to others.There is no intent. There are 4
basic requirements for something to be compensated on the basis of negligence. An act
that departs from a reasonable standard of care and therefore creates an unreasonable
risk of harm to others. In order to successfully bring an action for negligence, the plaintiff
must prove:
1. Duty of care. - Answer- The person has a duty to do something or a duty not to do
something. What is reasonably expected of a prudent person (not going speeding with a
car, not shooting in the air, etc)
Degree of care expected of landowners: - Answer- exercise reasonable care to protect
individuals coming onto their property from harm. duty to protect trespassers against
certain risks. Landowners who rent or lease premises to tenants are expected to
exercise reasonable care to ensure that the tenants and their guests are not harmed in
WITH CORRECT DETAILED ANSWERS
INTENTIONAL TORTS AGAINST PROPERTY - Answer- Actions that interfere with an
individual's rights with regard to their land or personal property.
TRESPASS TO LAND - Answer- It involves someone entering onto someone else's
property without permission, or throwing something to her or his property, or causing
something to go through the premises, or remaining on the property, or permitting
anything to remain on it. If a person has a license to enter onto another's property but
the owner decides to revoke it, from then on, if that person continues to stay, they
become a trespasser. The owner has to establish that a person is a trespasser,
because in some situations it may not be so obvious that there is private property (in a
lot of land for example). The owner must post signs, fences, wires. If a person enters to
commit an illegal act, he or she is established impliedly as a trespasser, even if there
are not posted signs. The owner can remove or detain a trespasser through the use of
reasonable force.
Reasonable duty of care: - Answer- If there is something dangerous inside the property,
typically, if it is obvious, the owner will not have to warn the trespasser that there is
danger. However, if there is something dangerous that is not obvious, the owner needs
to warn even trespassers that they may be injured for trespassing. For example,
"beware of the dog" or "electrified fence".
The attractive nuisance doctrine: - Answer- If there is something that captures the
attention of children (not necessarily children) the owner has to set preemptive
measures. For example, if there is a swimming pool, I should put a fence around the
swimming pool for trespassers not to fall into the pool. If the owner does not do that, he
or she may be held liable for the injuries.
Defenses: - Answer- 1. Emergency situations do not require a license to enter the
property. The trespass is warranted if a person enters to assist someone in danger. 2.
License to enter into the property.
TRESPASS TO PERSONAL PROPERTY / CHATTELS - Answer- The tortfeasor takes
or harms intentionally someone else's personal property, or interferes with the lawful
owner's possession and enjoyment of the personal property. As with trespass to land, I
may let you borrow my property, but once I withdraw that permission, I establish you as
a trespasser to personal property. If the person does not keep the item but hides it, it is
still trespass (barring an owner's access to personal property). Harming does not
necessarily mean destroying the thing, but also diminishing its value, condition or
quality.
, Defenses: - Answer- 1. Showing that the trespass was warranted. For example,
artisan's lien. It is a right that people who have worked on an item to improve it, fix it,
recover its functionality, have to the item provided they are not paid. The item is used to
make sure that the person will pay for whatever work was made on the item. The artisan
may have a right to sell the item and collect from the proceeds of that sale, but he or
she will have to pay the remainder.
CONVERSION - Answer- It is quite similar to trespass to personalty. The tortfeasor
takes or uses someone else's personal property without permission. An act that
deprives an owner of personal property without just cause. Even the taking of electronic
records or data may form the basis for conversion. A single taking of an item could be
considered both trespass to personal property and conversion. Often, when conversion
occurs, a trespass to personal property also occurs because the original taking of the
personal property from the owner was a trespass, and wrongfully retaining it is
conversion. Conversion is the civil side of theft. Conversion has the idea that the
tortfeasor no longer acknowledges the other person's right to full possession of the item.
Typically when the tortfeasor gains an economic advantage is conversion.
DISPARAGEMENT OF PROPERTY - Answer- It is quite similar to defamation. The
same statement may amount to disparagement of property and defamation. False
statements are made about another's product or property with the intent of discouraging
a third person from dealing with the owner. The tortfeasor must know that the statement
is false, the statement must be intentional, a publication must be made, and the owner
must suffer economic harm as a result of the statement.
Slander of quality or trade libel: - Answer- Making a false statement about a person's
product alleging that it is not what the seller claims.
Slander of title: - Answer- Making a false statement that denies a person's legal
ownership of property
NEGLIGENCE - Answer- An act that departs from a reasonable standard of care and
therefore creates an unreasonable risk of harm to others.There is no intent. There are 4
basic requirements for something to be compensated on the basis of negligence. An act
that departs from a reasonable standard of care and therefore creates an unreasonable
risk of harm to others. In order to successfully bring an action for negligence, the plaintiff
must prove:
1. Duty of care. - Answer- The person has a duty to do something or a duty not to do
something. What is reasonably expected of a prudent person (not going speeding with a
car, not shooting in the air, etc)
Degree of care expected of landowners: - Answer- exercise reasonable care to protect
individuals coming onto their property from harm. duty to protect trespassers against
certain risks. Landowners who rent or lease premises to tenants are expected to
exercise reasonable care to ensure that the tenants and their guests are not harmed in
