Question 1

You see someone stealing the highly prized hubcaps off your car. You have the right to protect your property by using:

Accepted Answer

While you have the right to protect your property, killing the thief would be an excessive use of force in most circumstances. Using force that is reasonable under the circumstances, such as physically restraining the thief or calling the police, would be the appropriate course of action. Shooting the thief would not be considered reasonable unless there was a clear and immediate threat to your safety.

Question 2

In one case, a man who was drunk wanted to recover money another man owed him. He pulled a gun and, in the course of a struggle, accidentally shot the man who owed the money. The man who was shot sued for battery. A court is likely to hold that the man with the gun:

Accepted Answer

The answer of In one case, a man who was...

Question 3

Which of the following is not an category of intentional tort:

Accepted Answer

Assault, false imprisonment, battery, and invasion of privacy are all recognized categories of intentional torts.

Question 4

Steve has a disorder that causes him to pass out randomly. While driving one day, he passes out, is in an accident, and injures Juan.

Accepted Answer

Steve's disorder makes him aware of his potential risk while driving, so he has a duty to take proper precautions or not to drive at all. Failing to do so constitutes negligence, which may result in liability for any resulting harm, such as Juan's injury.

Question 5

An accounting firm was sued for negligently preparing a financial report for a company. It causes losses to occur and the firm was found to have been negligent in its work. This meant that the firm would likely be:

Accepted Answer

The accounting firm would likely be held liable for damages due to negligence in preparing the financial report, which caused losses. The options provided either incorrectly limit liability or incorrectly state the principles of negligence law. Negligence does not exempt a party from liability, statutory limits are not universally applicable, reliance is a factor in proving negligence (not a disqualifier), and proximate cause is a key element of negligence that, if proven, does not absolve the negligent party.

Question 6

Jemal is playing basketball at a school's outdoor court. Kevin asks if he can join the game. Jemal agrees. After playing for 15 minutes, Kevin is knocked to the ground. His wrist breaks when he hits the concrete. If Kevin sues Jemal for his injury, a court will probably find:

Accepted Answer

By participating in a potentially dangerous activity such as basketball, Kevin assumed the risk of injury. Jemal did not act with intent to harm and did not exhibit carelessness or negligence beyond the inherent risks of the activity. Therefore, Jemal is likely not responsible for Kevin's injury.

Question 7

Kyla negligently starts a fire in a back of her restaurant. Lou is a customer at the restaurant. When he sees the flames filling the kitchen area, he rushes back to the kitchen to help put them out and to help get the kitchen staff out of harm's way. In the process Lou suffers some serious burn. If he sues Kyla, Kyla will:

Accepted Answer

The "danger invites rescue" doctrine means that if someone's negligence created a dangerous situation and someone else voluntarily tries to rescue someone from the danger and gets injured in the process, the negligent person can be held liable for the rescuer's injuries. Therefore, Kyla would be liable for Lou's injuries because he was trying to rescue others from the fire that she negligently started. Choices A, B, D and E are incorrect because they do not take into account the specific circumstances of this case.

Question 8

Which of the following is unlikely to be classified an intentional tort:

Accepted Answer

Each of the scenarios described in options A, B, C, and D involves deliberate actions that could harm another person either physically or reputationally, fitting the criteria for intentional torts.

Question 9

Alicia, talking on her cell phone, foolishly runs off the road and over Eduardo's foot. The tort that Eduardo will most likely initiate is:

Accepted Answer

Alicia's action of running off the road and running over Eduardo's foot was due to her negligence in using her cell phone while driving. Eduardo can initiate a lawsuit for negligence to recover damages for his injuries. Battery and assault involve intentional actions, which was not the case here. Emotional distress may or may not be a component of the lawsuit, but negligence is the closest fit. Option E is incorrect because Alicia's action was not innocent, but a result of her negligence.

Question 10

Which of the following is not an category of intentional tort:

Accepted Answer

Intentional torts are actions that are taken with the intent of causing harm to another person. Assault, false imprisonment, battery, and invasion of privacy are all intentional torts. However, murder is a criminal offense and not typically categorized as an intentional tort.

Question 11

Driving down the street you stupidly run a red light and hit a car legally going through a green light. You knock that car into a parked car, which knocks a loaded gun out of the parked car that falls on the street and fires a bullet that hits a person walking on the sidewalk. That person sues you in tort for damages. They will probably:

Accepted Answer

The person will likely lose because there is no proximate cause. The chain of events leading to the injury is too indirect and unforeseeable to hold the driver liable for the pedestrian's injury.

Question 12

A man was injured while riding a mechanical bull owned by an independent contractor at a state fair. He paid to ride the bull and signed a form that he understood the risk of injury. After he was injured, he sued the fair that provided the ride for negligence. You would expect the court held that:

Accepted Answer

The man voluntarily assumed the risks associated with riding the mechanical bull, as indicated by his signing a form acknowledging the dangers. This assumption of risk is a common defense in personal injury cases, which can absolve the provider of liability for injuries sustained during known risky activities.

Question 13

Joyce Water, Certified Public Accountant (CPA), is sued for negligent preparation of an income tax return. To determine if she was negligent, the court applies a standard of reasonableness which measures Joyce's conduct against that of:

Accepted Answer

The court would apply a standard of reasonableness that measures Joyce's conduct against that of a competent CPA. This is because Joyce is also a CPA and therefore, her conduct should be compared to that of other professionals in the same field.

Question 14

You see someone stealing the highly prized hubcaps off your car. You have the right to protect your property by using:

Accepted Answer

The correct answer is E, none of the other choices. The use of deadly force is generally not justified in protecting property alone, such as in the case of theft of hubcaps. The principle of using force reasonable under the circumstances typically does not extend to killing or shooting the thief, especially when the threat does not pose imminent danger to life. The options suggesting the use of deadly force or "all force necessary" do not align with legal standards in most jurisdictions, which emphasize proportionality and the necessity of the force used in relation to the threat faced.

Question 15

An accounting firm was sued for negligently preparing a financial report for a company. It causes losses to occur. At trial, the firm was found to have been negligent in its work. This meant that the firm would likely be:

Accepted Answer

Since the accounting firm was found to have been negligent in its work and the negligence caused losses to occur, it would likely be held responsible for those losses suffered by its client that could be linked to reliance on the work. This is a common outcome in cases of professional malpractice or negligence. The firm would have a duty of care to its clients and could be liable for damages if that duty was breached. However, the firm would not necessarily be responsible for losses suffered by other firms or individuals who were not its direct clients. Furthermore, the statutory limit on accountant liability would not necessarily apply in this case, as such limits are often contested on constitutional grounds and may not be enforceable in all jurisdictions.

Question 16

Driving down the street you stupidly run a red light and hit a car legally going through a green light. You knock that car into a parked car, which knocks a loaded gun out of the parked car that falls on the street and fires a bullet that hits a person walking on the sidewalk. That person sues you in tort for damages. They will probably:

Accepted Answer

The answer of Driving down the street you stupidly run...

Question 17

If an accounting firm is sued for negligently preparing a faulty financial report for a company, it is likely that the accounting firm is:

Accepted Answer

The answer of If an accounting firm is sued for...

Question 18

Steve has a disorder that causes him to pass out randomly. While driving one day, he passes out, is in an accident, and injures Juan.

Accepted Answer

Steve's condition may not automatically exempt him from liability, but the scenario does not fit the definitions of contributory negligence or strict liability. The "act of God" defense typically applies to natural events, not medical conditions. Juan is not liable for being in Steve's way.

Question 19

If an accounting firm is sued for negligently preparing a faulty financial report for a company that caused significant losses by those who relied on the accounting, the accounting firm is likely to be:

Accepted Answer

Accounting firms are held to a standard of care imposed on professional parties. This standard requires accountants to exercise a degree of skill, care, and diligence that is reasonable under the circumstances. If the accounting firm fails to meet this standard and their negligence causes significant losses to those who relied on their financial report, they can be held liable for their negligence. Strict liability does not apply in this case because it requires a showing of a defective product.

Question 20

A man was injured while riding a mechanical bull owned by an independent contractor at a state fair. He paid to ride the bull and signed a form that he understood the risk of injury. After he was injured, he sued the fair that provided the ride for negligence. You would expect the court held that:

Accepted Answer

The fair is not liable because the man signed a waiver acknowledging the risks, and the owner of the ride, as an independent contractor, would be responsible for any negligence.

Quiz 6: Elements of Torts

You see someone stealing the highly prized hubcaps off your car. You have the right to protect your property by using:

In one case, a man who was drunk wanted to recover money another man owed him. He pulled a gun and, in the course of a struggle, accidentally shot the man who owed the money. The man who was shot sued for battery. A court is likely to hold that the man with the gun:

Which of the following is not an category of intentional tort:

Steve has a disorder that causes him to pass out randomly. While driving one day, he passes out, is in an accident, and injures Juan.

An accounting firm was sued for negligently preparing a financial report for a company. It causes losses to occur and the firm was found to have been negligent in its work. This meant that the firm would likely be:

Jemal is playing basketball at a school's outdoor court. Kevin asks if he can join the game. Jemal agrees. After playing for 15 minutes, Kevin is knocked to the ground. His wrist breaks when he hits the concrete. If Kevin sues Jemal for his injury, a court will probably find:

Which of the following is unlikely to be classified an intentional tort:

Alicia, talking on her cell phone, foolishly runs off the road and over Eduardo's foot. The tort that Eduardo will most likely initiate is:

Which of the following is not an category of intentional tort:

A man was injured while riding a mechanical bull owned by an independent contractor at a state fair. He paid to ride the bull and signed a form that he understood the risk of injury. After he was injured, he sued the fair that provided the ride for negligence. You would expect the court held that:

Joyce Water, Certified Public Accountant (CPA) , is sued for negligent preparation of an income tax return. To determine if she was negligent, the court applies a standard of reasonableness which measures Joyce's conduct against that of:

You see someone stealing the highly prized hubcaps off your car. You have the right to protect your property by using:

An accounting firm was sued for negligently preparing a financial report for a company. It causes losses to occur. At trial, the firm was found to have been negligent in its work. This meant that the firm would likely be:

If an accounting firm is sued for negligently preparing a faulty financial report for a company, it is likely that the accounting firm is:

Steve has a disorder that causes him to pass out randomly. While driving one day, he passes out, is in an accident, and injures Juan.

If an accounting firm is sued for negligently preparing a faulty financial report for a company that caused significant losses by those who relied on the accounting, the accounting firm is likely to be:

A man was injured while riding a mechanical bull owned by an independent contractor at a state fair. He paid to ride the bull and signed a form that he understood the risk of injury. After he was injured, he sued the fair that provided the ride for negligence. You would expect the court held that: