QCM : Fundamentals of Tort Law — 9 questions

Question 1

1. What are the three core elements required to establish a tort claim?

Wrongful act, damage, causation

Legal damage, remedies, damages

Intent, motive, consequence

Strict liability, absolute liability, vicarious liability

Explication

The essential elements of a tort are a wrongful act (or breach of duty), resulting damage or injury, and a causal link between the act and the damage. These elements must be proven to establish liability in tort law.

Answer

Wrongful act, damage, causation

Question 2

2. What is the primary distinction between 'dum pum sine' and 'injuria sine' in tort law?

Dum pum sine involves a wrongful act without injury, while injuria sine involves injury without damage.

Dum pum sine involves intentional acts, whereas injuria sine involves negligence.

Dum pum sine relates to criminal law, and injuria sine relates to civil law.

Dum pum sine is about damages, and injuria sine is about causation.

Explication

Dum pum sine refers to a wrongful act without actual injury, whereas injuria sine refers to injury occurring without any measurable damage.

Answer

Dum pum sine involves a wrongful act without injury, while injuria sine involves injury without damage.

Question 3

3. Which type of damages is awarded as a punishment beyond compensation for actual loss?

Compensatory damages

Liquidated damages

Exemplary damages

Nominal damages

Explication

Exemplary damages, also known as punitive damages, are awarded to punish the defendant for wrongful conduct and to deter similar acts in the future, beyond just compensating for actual loss.

Answer

Exemplary damages

Question 4

4. Which of the following correctly describes 'strict liability' in tort law?

Liability without fault, generally with exceptions such as acts of God.

Liability only when there is proven negligence.

Liability imposed only in criminal cases.

Liability that can be avoided if there is consent.

Explication

Strict liability means liability without fault, and exceptions include extraordinary events like acts of God.

Answer

Liability without fault, generally with exceptions such as acts of God.

Question 5

5. In the context of tort law, what distinguishes strict liability from absolute liability?**

Strict liability imposes liability regardless of fault with some exceptions, while absolute liability imposes liability without any defenses.

Strict liability requires proof of fault, whereas absolute liability does not.

Strict liability is limited to criminal cases, whereas absolute liability is for civil cases.

Strict liability applies only to personal injuries, while absolute liability applies to property damage.

Explication

Strict liability imposes liability without the need to prove fault, but there are exceptions such as acts of God or plaintiff’s own fault. Absolute liability is a stricter form where liability is imposed without any defenses, often in hazardous industries.

Answer

Strict liability imposes liability regardless of fault with some exceptions, while absolute liability imposes liability without any defenses.

Question 6

6. Who is typically held vicariously liable in tort law?

An employer for acts committed within the scope of employment.

A third-party who is unrelated to the wrongdoer.

The victim of the wrongful act.

A government agency in all cases.

Explication

Vicarious liability generally involves an employer or principal being liable for acts committed by employees or agents within the scope of their duties.

Answer

An employer for acts committed within the scope of employment.

Question 7

7. Which tort involves intentionally making physical contact without consent?

Battery

Assault

False imprisonment

Negligence

Explication

Battery involves intentional physical contact without the consent of the victim.

Answer

Wrongful act, damage, and causation.

Answer

To compensate for actual loss or punish wrongful conduct.

Question 8

8. According to the revision sheet, which are key elements that establish a tortious act?

Wrongful act, damage, and causation.

Wrongful act, damages, and intent.

Damage, strict liability, and defamation.

Causation, damages, and consent.

Explication

A tort requires a wrongful act, damage, and a causal link between the act and the damage.

Question 9

9. What is the main function of damages in tort law?

To compensate for actual loss or punish wrongful conduct.

To determine guilt beyond a reasonable doubt.

To prevent future crimes through incarceration.

To declare the defendant innocent.

Explication

Damages serve to compensate victims for their losses or to punish wrongful conduct.

QCM : Fundamentals of Tort Law — 9 questions

Questions et réponses du QCM

1. What are the three core elements required to establish a tort claim?

2. What is the primary distinction between 'dum pum sine' and 'injuria sine' in tort law?

3. Which type of damages is awarded as a punishment beyond compensation for actual loss?

4. Which of the following correctly describes 'strict liability' in tort law?

5. In the context of tort law, what distinguishes strict liability from absolute liability?**

6. Who is typically held vicariously liable in tort law?

7. Which tort involves intentionally making physical contact without consent?

8. According to the revision sheet, which are key elements that establish a tortious act?

9. What is the main function of damages in tort law?

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