Free FL Bar Torts Questions and Answers — Questions and Answers
Question 1: What is a tort?
- A criminal offense
- A breach of contract
- A civil wrong that causes harm to another (Correct answer)
- A government regulation
Correct answer: A civil wrong that causes harm to another
A tort is a civil wrong, distinct from a breach of contract, that results in injury or harm to another person or their property, for which the law provides a remedy, typically monetary damages. Torts encompass a wide range of wrongful acts, including negligence, battery, defamation, and trespass, all aimed at compensating victims for their losses. It is not a criminal offense, though some acts can be both.
Question 2: Which of the following is an example of an intentional tort in Florida?
- Negligence
- Battery (Correct answer)
- Breach of contract
- Tax evasion
Correct answer: Battery
An intentional tort is a civil wrong resulting from an intentional act of the defendant. Battery is an intentional tort defined as the intentional harmful or offensive touching of another person without their consent. Negligence is an unintentional tort, while breach of contract is a contractual dispute, and tax evasion is a criminal offense.
Question 3: What is strict liability in Florida tort law?
- Liability only when fault is proven
- Liability imposed regardless of fault or negligence (Correct answer)
- Liability limited to intentional acts
- A defense to tort claims
Correct answer: Liability imposed regardless of fault or negligence
Strict liability in Florida tort law means that a defendant can be held liable for damages even if they did not act negligently or intend to cause harm. This doctrine is typically applied in cases involving abnormally dangerous activities (e.g., blasting) or defective products, where the risk of harm is so great that the responsible party should bear the cost regardless of their precautions.
Question 4: What is the "impact rule" in Florida for emotional distress claims?
- Emotional distress must be accompanied by physical injury (Correct answer)
- Emotional distress claims are not recognized
- Emotional distress can be claimed without any other harm
- Emotional distress is only allowed in criminal cases
Correct answer: Emotional distress must be accompanied by physical injury
Florida's 'impact rule' generally requires that for a plaintiff to recover damages for negligent infliction of emotional distress, they must have suffered a physical impact from an external force. This impact does not necessarily have to cause physical injury, but it must be a direct physical contact. This rule aims to prevent fraudulent or speculative claims for purely emotional harm by requiring a tangible connection to the distress.
Question 5: What is "vicarious liability" in Florida tort cases?
- Liability that is shared equally among all parties
- Liability imposed on one person for the actions of another (Correct answer)
- Liability that can be waived through a contract
- Liability only for government entities
Correct answer: Liability imposed on one person for the actions of another
Vicarious liability is a legal doctrine where one party is held responsible for the tortious actions of another, even though the first party did not directly commit the act. A common example in Florida is an employer being held vicariously liable for the negligence of an employee acting within the scope of their employment. It is based on the relationship between the parties, such as employer-employee or principal-agent.
Free FL Bar Torts Questions and Answers
What is a tort?