TORTS: NEGLIGENCE EXAM 2025 WITH 100%
ACCURATE SOLUTIONS
What is the prima facie case for intentional tort liability? - ✅✅✅CORRECT -An act by the defendant,
an intent, and causation.
What kind of intent is necessary to constitute an intentional tort? - ✅✅✅CORRECT -The act in the
complaint must refer to a volatile movement by the defendant. Unconscious and reflexive acts are
excluded, but acts by incompetents are considered to be volitional conduct.
What kind of intent is necessary to constitute an intentional tort? - ✅✅✅CORRECT -The defendant
must have an intent to achieve the consequences of his conduct by specific intent, or by conduct whose
consequences are known with substantial certainty to result from such conduct.
When does transferred intent apply. - ✅✅✅CORRECT -It occurs when the defendant intends to
inflict a battery, assault, false imprisonment, trespass to land, or trespass to chattels on plaintiff. If he
causes any of these five torts to that person or to another person he will be held liable on an intentional
tort theory even if the harm is unexpected.
Which persons have the capacity to commit an intentional tort? - ✅✅✅CORRECT -Everybody is
liable for intentional torts. Age, mental capabilities, and intoxication are not taken into account, nor are
the plaintiff's super sensitivities. Everyone must be dealt with as an average person, unless the
defendant in fact knows of the plaintiff's super sensitivities or of other incapacities.
What is negligence? - ✅✅✅CORRECT -Negligence is conduct that falls below the standard
established by law for the protection of others against unreasonable risk of harm.
What is the prima facie case for negligence? - ✅✅✅CORRECT -Negligence requires a showing that a
duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of
damages.
How does liability for negligence arise? - ✅✅✅CORRECT -Liability for negligence may be predicated
on a volitional act, or on a willful omission to act if there is an affirmative duty to act. Omissions to act
create negligence liability when the defendant is under an affirmative duty to act. The duty to act may be
, created by: S. Statute C. Contract C. Creation of peril V. Voluntary assumption of duties P. Preexisting
dependency
Define 'duty'. - ✅✅✅CORRECT -Duty is an obligation that is recognized by the law as conformance to
a particular standard of conduct toward another
What is the general duty of care? - ✅✅✅CORRECT -When a person is involved in any activity, he is
under a legal duty to act as would an ordinary, prudent, reasonable person under the same or similar
circumstances (objective test). This standard of care is imposed upon a person even for events that
cannot reasonably be foreseen.
What is the effect of a defendant's mental ability on the standard of care? - ✅✅✅CORRECT -The
defendant is held to the standard of a reasonable person under the same circumstances. A person's
mental deficiency is not a defense.
What duty of care is owed by a bailor? - ✅✅✅CORRECT -On gratuitous bailments, the bailor must
notify the bailee of any known defect in the chattel that may cause injury (no duty for unknown defects).
The same standard applies to bailments for hire.
What duty of care is owed by a bailee? - ✅✅✅CORRECT -If the bailment is for the sole benefit of the
bailor, slight diligence is required. If the bailment is for the sole benefit of the bailee, great diligence is
required. In mutual benefit bailments, ordinary due care is required.
When is a master liable for torts of his servant? - ✅✅✅CORRECT -An employer is liable for failure to
prevent an employee's tortious conduct within the scope of employment and for the failure to use due
care in hiring a reliable employee.
What does 'respondent superior' mean? - ✅✅✅CORRECT -An employer is vicariously liable for any
tortious acts of his employees that are performed within the scope of employment, except in cases of
intentional torts when the intentional tort does not fall within the scope of the employment duties
What is the liability of an innkeeper under common law? - ✅✅✅CORRECT -At common law there is
no liability imposed for the consequences of a customer's intoxication.
ACCURATE SOLUTIONS
What is the prima facie case for intentional tort liability? - ✅✅✅CORRECT -An act by the defendant,
an intent, and causation.
What kind of intent is necessary to constitute an intentional tort? - ✅✅✅CORRECT -The act in the
complaint must refer to a volatile movement by the defendant. Unconscious and reflexive acts are
excluded, but acts by incompetents are considered to be volitional conduct.
What kind of intent is necessary to constitute an intentional tort? - ✅✅✅CORRECT -The defendant
must have an intent to achieve the consequences of his conduct by specific intent, or by conduct whose
consequences are known with substantial certainty to result from such conduct.
When does transferred intent apply. - ✅✅✅CORRECT -It occurs when the defendant intends to
inflict a battery, assault, false imprisonment, trespass to land, or trespass to chattels on plaintiff. If he
causes any of these five torts to that person or to another person he will be held liable on an intentional
tort theory even if the harm is unexpected.
Which persons have the capacity to commit an intentional tort? - ✅✅✅CORRECT -Everybody is
liable for intentional torts. Age, mental capabilities, and intoxication are not taken into account, nor are
the plaintiff's super sensitivities. Everyone must be dealt with as an average person, unless the
defendant in fact knows of the plaintiff's super sensitivities or of other incapacities.
What is negligence? - ✅✅✅CORRECT -Negligence is conduct that falls below the standard
established by law for the protection of others against unreasonable risk of harm.
What is the prima facie case for negligence? - ✅✅✅CORRECT -Negligence requires a showing that a
duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of
damages.
How does liability for negligence arise? - ✅✅✅CORRECT -Liability for negligence may be predicated
on a volitional act, or on a willful omission to act if there is an affirmative duty to act. Omissions to act
create negligence liability when the defendant is under an affirmative duty to act. The duty to act may be
, created by: S. Statute C. Contract C. Creation of peril V. Voluntary assumption of duties P. Preexisting
dependency
Define 'duty'. - ✅✅✅CORRECT -Duty is an obligation that is recognized by the law as conformance to
a particular standard of conduct toward another
What is the general duty of care? - ✅✅✅CORRECT -When a person is involved in any activity, he is
under a legal duty to act as would an ordinary, prudent, reasonable person under the same or similar
circumstances (objective test). This standard of care is imposed upon a person even for events that
cannot reasonably be foreseen.
What is the effect of a defendant's mental ability on the standard of care? - ✅✅✅CORRECT -The
defendant is held to the standard of a reasonable person under the same circumstances. A person's
mental deficiency is not a defense.
What duty of care is owed by a bailor? - ✅✅✅CORRECT -On gratuitous bailments, the bailor must
notify the bailee of any known defect in the chattel that may cause injury (no duty for unknown defects).
The same standard applies to bailments for hire.
What duty of care is owed by a bailee? - ✅✅✅CORRECT -If the bailment is for the sole benefit of the
bailor, slight diligence is required. If the bailment is for the sole benefit of the bailee, great diligence is
required. In mutual benefit bailments, ordinary due care is required.
When is a master liable for torts of his servant? - ✅✅✅CORRECT -An employer is liable for failure to
prevent an employee's tortious conduct within the scope of employment and for the failure to use due
care in hiring a reliable employee.
What does 'respondent superior' mean? - ✅✅✅CORRECT -An employer is vicariously liable for any
tortious acts of his employees that are performed within the scope of employment, except in cases of
intentional torts when the intentional tort does not fall within the scope of the employment duties
What is the liability of an innkeeper under common law? - ✅✅✅CORRECT -At common law there is
no liability imposed for the consequences of a customer's intoxication.
