Name: 
 

Tort Law Quiz Chapter 10


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

 1. 
Fault is irrelevant to strict liability cases.
 

 2. 
The vicious propensity rule applies to ferae naturae.
 

 3. 
Abnormally dangerous activities are inherently perilous because of the actions and devices
involved.
 

 4. 
Under the common usage principle, an abnormally dangerous activity is one that is not
commonly undertaken in everyday life.
 

 5. 
There must be a low risk of injury in ultrahazardous activity cases.
 

 6. 
Abnormally dangerous activities are those that are inappropriately performed in the place in
which the victim was harmed.
 

 7. 
The risks of an abnormally dangerous activity must outweigh the benefits the activity brings
to the community in order for absolute liability to apply.
 

 8. 
Reasonable care is an important factor in wild animal injury cases.
 

 9. 
An ultrahazardous 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 illustrate absolute liability.
e.
None of the above illustrates absolute liability.
 

 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 surfaces.
b.
Fred’s prize pig, Augustus Major, takes 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.
All of the above are examples of strict liability.
 

 16. 
At common law, absolute liability can apply to domestic animals under which rule?
a.
Ultrahazardous 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 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.
ultrahazardous 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 to property.
b.
owners of ferae naturae are absolutely liable for the injuries their property causes.
c.
persons undertaking abnormally dangerous activities should exercise reasonable care.
d.
persons 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.
ultrahazardous 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 tort cases?
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 tort cases?
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 distinguish strict liability from negligence.
e.
None of the above distinguishes strict liability from negligence.
 

 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 bear the risk of liability.
c.
People engaged in careless activities should bear the risk of liability.
d.
People should buy insurance.
e.
None of the above is a public policy justification for absolute liability.
 

 25. 
In which cases would a court most likely apply a balancing test comparing the benefits to
the hazards of a particular activity?
a.
Abnormally dangerous activity cases
b.
Intentional tort cases
c.
Negligence cases
d.
All of the above
e.
None of the above
 



 
Check Your Work     Start Over