Tort Law Chapter 9 Quiz

Name:

True/False
Indicate whether the statement is true or false.

Fault is irrelevant to strict liability cases.

The vicious propensity rule applies to ferae nautrae.

Abnormally dangerous activities are inherently perilous because of the actions and devices involved.

Under the common usage principle, an abnormally dangerous activity is one that is not commonly undertaken in everyday life.

There must be a low risk of injury in ultra-hazardous activity.

Abnormally dangerous activities are those that are inappropriately performed in the place in which the victim was harmed.

The risks of an abnormally dangerous activity must outweigh the benefits the activity brings to the community in order for absolute liability to apply.

Reasonable care is an important factor in wild animal injury cases.

An ultra-hazardous activity must proximately cause the plaintiff’s injuries in order for the defendant to be held strictly liable.

10.

Proximate cause, as applied to absolute liability cases, is substantially different from the term as used in negligence cases.

Multiple Choice
Identify the choice that best completes the statement or answers the question.

11.

In which of the following cases could strict liability apply?

a.	Injuries caused by wild animals.
b.	Injuries caused by explosives.
c.	Injuries caused by toxic wastes.
d.	All of the above.
e.	None of the above.

12.

Ferae naturae refers to

a.	Wild animals.
b.	Domestic animals.
c.	Dead animals.
d.	Stray animals.
e.	None of the above.

13.

Domitae naturae refers to

a.	Wild animals.
b.	Domestic animals.
c.	Dead animals.
d.	Stray animals.
e.	None of the above.

14.

Which of the following examples illustrates absolute liability?

a.	Kim’s pet python snake attacked Huston.
b.	While mixing acids in her laboratory, Dr. Proctor spilled a vial on Cory’s shirt.
c.	Debra’s pit bull dog, known in the neighborhood as ill-tempered and vicious, attacked Cassandra.
d.	All of the above.
e.	None of the above.

15.

Which of the following is not an example of strict liability?

a.	While exterminating insects at a diner, Webster sprayed carcinogenic pesticides onto the restaurant’s food preparation services.
b.	Fred’s prize pig, Augustus Major, taking a liking to Gary’s genuine first century miniature Roman statue of Caesar, breaking off the stone figure at the base.
c.	Angela’s wild horse, which she purchased from the federal Bureau of Land Management, stomps York’s face.
d.	Steve uses dynamite to remove tree trunks on his farm, causing windows in neighbor Jose’s house to shatter.
e.	None of the above.

16.

At common law, absolute liability can apply to domestic animals under the ________ rule.

a.	Ultra-hazardous materials.
b.	Attack dog.
c.	Vicious propensity.
d.	Restatement (Second) of Torts § 520.
e.	None of the above.

17.

Which of the following defenses applies (apply) to animal owner liability cases?

a.	Assumption of risk.
b.	Contributory negligence.
c.	Comparative negligence.
d.	Consent.
e.	All of the above.

18.

Self defense and defense of others are two defenses applicable to

a.	Products liability.
b.	Ultra-hazardous activities.
c.	Common usages.
d.	Animal owner liability cases.
e.	None of the above.

19.

The Restatement (Second) of Torts § 520 states that

a.	An abnormally dangerous activity creates a high risk of substantial injury to a person or property.
b.	Owners of ferae naturae are absolutely liable for the injuries they cause.
c.	Person’s undertaking of normally dangerous activities should exercise reasonable care.
d.	Person’s injured by abnormally dangerous activities assume the risk if they voluntarily engage in such activities.
e.	None of the above.

20.

The common usage principle states that

a.	Animals used in common agricultural pursuits are presumed harmless.
b.	Ultra-hazardous activities are those that can be avoided through use of reasonable care.
c.	Abnormally dangerous activities are those that are not commonly undertaken in everyday life.
d.	Domestic animals are those commonly used near human habitations.
e.	None of the above.

21.

Proximate cause is important to which of the following torts?

a.	Wild animal owner liability cases.
b.	Abnormally dangerous activity cases.
c.	Vicious domestic animal cases.
d.	All of the above.
e.	None of the above.

22.

The duty of reasonable care is important to which of the following torts?

a.	Wild animal owner liability cases.
b.	Abnormally dangerous activity cases.
c.	Vicious domestic animal cases.
d.	All of the above.
e.	None of the above.

23.

What distinguishes strict liability from negligence?

a.	Fault is irrelevant to strict liability but is important to negligence.
b.	Intent is critical to strict liability but not to negligence.
c.	Proximate cause is necessary to negligence but irrelevant to strict liability.
d.	All of the above.
e.	None of the above.

24.

What is one of the public policy justifications for absolute liability?

a.	People who intend to injure others should be held accountable for their actions.
b.	People engaged in certain dangerous activities should bare the risk of liability.
c.	People engaged in careless activities should bare the risk of liability.
d.	People should buy insurance.
e.	None of the above.

25.

In which cases would a court most likely apply a balancing test comparing the benefits to the hazards of a particular activity?

a.	Negligence cases.
b.	Intentional tort cases.
c.	Abnormally dangerous activity cases.
d.	All of the above.
e.	None of the above.