NALA Torts & Personal Injury Law 2 — Questions and Answers
Question 1: Under the doctrine of strict liability, a defendant engaged in an abnormally dangerous activity is liable for resulting harm:
- Only if they were negligent in conducting the activity
- Regardless of the degree of care they exercised (Correct answer)
- Only if they intentionally caused harm to the plaintiff
- Only if they violated a specific safety statute
Correct answer: Regardless of the degree of care they exercised
Strict liability imposes liability without fault; a defendant engaged in an abnormally dangerous activity is liable for resulting harm regardless of the care exercised.
Question 2: The doctrine of respondeat superior imposes vicarious liability on an employer for employee torts when:
- The employee acted intentionally to harm a third party
- The employee was acting within the scope of their employment (Correct answer)
- The employer was negligent in the hiring process
- The tort occurred on the employer's business premises
Correct answer: The employee was acting within the scope of their employment
Respondeat superior holds employers vicariously liable for employee torts committed within the scope of employment; it does not require any direct fault by the employer.
Question 3: Under New York Times Co. v. Sullivan, a public figure seeking to recover for defamation must prove:
- The statement was intentionally false and caused economic harm
- Actual malice — knowledge of falsity or reckless disregard for the truth (Correct answer)
- The defendant published the statement to a third party
- The statement caused special damages beyond general reputation harm
Correct answer: Actual malice — knowledge of falsity or reckless disregard for the truth
Under New York Times Co. v. Sullivan, public figures must prove actual malice — that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.
Question 4: What is the primary distinction between libel and slander in defamation law?
- Libel involves criminal penalties while slander is a civil matter only
- Libel is written or recorded defamation; slander is spoken defamation (Correct answer)
- Libel always requires proof of special damages; slander does not
- Libel applies only to public figures; slander applies to private individuals
Correct answer: Libel is written or recorded defamation; slander is spoken defamation
Libel is defamation in a fixed, permanent medium (written, broadcast, or recorded), while slander is spoken defamation; the distinction can affect whether special damages must be proven.
Question 5: False imprisonment in tort law is best defined as:
- An arrest made without probable cause by law enforcement
- Intentional confinement within a bounded area without the plaintiff's consent or legal justification (Correct answer)
- Briefly detaining a person for questioning by a private citizen
- Being unable to leave a location due to natural weather conditions
Correct answer: Intentional confinement within a bounded area without the plaintiff's consent or legal justification
False imprisonment requires intentional confinement within a bounded area, without the plaintiff's consent and without legal justification; negligent confinement is insufficient.
Question 6: Following MacPherson v. Buick Motor Co., a manufacturer's duty of care in products liability negligence extends to:
- Only the immediate purchaser of the product (privity of contract required)
- Any foreseeable user or bystander who might be harmed by the product (Correct answer)
- Only consumers who registered the product with the manufacturer
- Only the retailer who purchased the product from the manufacturer
Correct answer: Any foreseeable user or bystander who might be harmed by the product
MacPherson v. Buick eliminated the privity of contract requirement, extending the manufacturer's duty to any foreseeable plaintiff who might be harmed by a defective product.
Question 7: Intentional infliction of emotional distress (IIED) requires conduct that is:
- Negligent and causes any measurable emotional harm to the plaintiff
- Extreme and outrageous, intentionally or recklessly causing severe emotional distress (Correct answer)
- Any offensive conduct that upsets a reasonable person
- Physical conduct causing bodily injury which results in emotional harm
Correct answer: Extreme and outrageous, intentionally or recklessly causing severe emotional distress
IIED requires that the defendant's conduct be extreme and outrageous — beyond all reasonable bounds of decency — and that it intentionally or recklessly cause severe emotional distress.
NALA Torts & Personal Injury Law 2
Under the doctrine of strict liability, a defendant engaged in an abnormally dangerous activity is liable for resulting harm: