Breach of Duty: Definition, Elements, and Defenses

Question 1

In a strict liability case, the plaintiff is not required to prove:

Accepted Answer

Defendant owed a duty of care

Answer

Defendant's conduct caused the plaintiff's injury

Answer

Plaintiff suffered damages

Answer

Defendant's conduct was intentional

Question 2

Which of the following factors is NOT relevant in determining the standard of care in a negligence case?

Accepted Answer

Plaintiff's financial status

Answer

Nature and complexity of the activity

Answer

Skill and expertise of the defendant

Answer

Foreseeability of harm

Question 3

In a case involving multiple defendants, the plaintiff has the right to seek damages from:

Accepted Answer

Any or all of the defendants found liable

Answer

Only the defendant who caused the most harm

Answer

Only the defendant who is most at fault

Answer

None of the defendants

Question 4

In a negligence case, what is the purpose of the 'but-for' test?

Accepted Answer

To determine if the defendant's conduct was a substantial factor in causing the plaintiff's injury

Answer

To establish the applicable standard of care

Answer

To prove that the plaintiff suffered damages

Answer

To determine if the defendant had a duty to the plaintiff

Question 5

In a comparative negligence jurisdiction, what is the impact of the plaintiff's contributory negligence on their recovery?

Accepted Answer

It reduces their recovery in proportion to their fault

Answer

It completely bars their recovery

Answer

It has no impact on their recovery

Answer

It increases their recovery if the defendant was more negligent

Question 6

Which of the following is NOT a type of negligence?

Accepted Answer

Simple negligence

Answer

Gross negligence

Answer

Ordinary negligence

Answer

Reckless negligence

Question 7

Which of the following is NOT a duty that is generally owed by landowners to invitees?

Accepted Answer

To protect against foreseeable criminal acts of third parties

Answer

To warn of known dangerous conditions

Answer

To repair any unsafe conditions

Answer

To provide adequate lighting

Question 8

In the defense of contributory negligence, what must the defendant prove?

Accepted Answer

The plaintiff did not act reasonably for their own safety, and this contributed to their injuries.

Answer

The plaintiff intentionally caused their own injuries.

Answer

The defendant's breach of duty was the only cause of the plaintiff's injuries.

Answer

The plaintiff accepted the risk of being injured.

Question 9

In a comparative negligence jurisdiction:

Accepted Answer

The plaintiff's recovery is reduced in proportion to their own negligence

Answer

The defendant is not liable if the plaintiff is more than 50% negligent

Question 10

The burden of proof for Breach of Duty lies with:

Accepted Answer

The plaintiff

Answer

The defendant

Question 11

In the context of vicarious liability, when is one party legally responsible for the negligent actions of another?

Accepted Answer

When the negligent party is an employee acting within their job duties.

Answer

When the negligent party is an independent contractor hired by the responsible party.

Answer

When the negligent party is a family member of the responsible party.

Answer

When the negligent party is a volunteer for a non-profit organization.

Question 12

Which of the following is the essential element of 'Duty of Care' in negligence?

Accepted Answer

Existence of a legal duty owed to the plaintiff

Answer

Breach of standard of care

Answer

Injury to the plaintiff

Answer

Causation in fact

Question 13

Negligence per se arises when a person:

Accepted Answer

Violates a statute or regulation intended to protect a class of people

Answer

Fails to conform to industry standards

Answer

Breaches a contractual obligation

Answer

Acts recklessly

Question 14

The standard of care required in a negligence action is:

Accepted Answer

Objective

Answer

Subjective

Answer

Breach of warranty

Answer

Intentional harm

Question 15

Gross negligence is defined as a:

Accepted Answer

Extreme deviation from the standard of care

Answer

Slight deviation from the standard of care

Answer

Intentional act

Answer

Negligent act that causes serious injury

Question 16

Which of the following is NOT an element of a claim for negligent infliction of emotional distress?

Accepted Answer

Physical injury

Answer

Foreseeability of the emotional distress

Answer

Causation in fact

Answer

Intentional or reckless conduct

Question 17

The doctrine of comparative negligence:

Accepted Answer

Reduces the plaintiff's damages in proportion to their negligence

Answer

Bars a plaintiff's recovery if they are more negligent than the defendant

Answer

Imposes strict liability on the defendant

Answer

Eliminates the need for the plaintiff to prove causation

Question 18

In a negligence case, the defendant's conduct is compared to:

Accepted Answer

The reasonable person standard

Answer

The prudent person standard

Answer

The ordinary person standard

Answer

The expert standard

Question 19

Which of the following is NOT a factor considered in determining the standard of care?

Accepted Answer

Defendant's financial resources

Answer

Foreseeability of harm

Answer

Social utility of the defendant's conduct

Answer

Plaintiff's personal characteristics

Question 20

In a strict liability case, the defendant's conduct is judged based on:

Accepted Answer

The results of their actions, regardless of intent or fault

Answer

Moral culpability

Answer

Negligence

Answer

Intent to cause harm

Question 21

Which of the following is an example of a rebuttable presumption of negligence?

Accepted Answer

Res ipsa loquitur

Answer

Assumption of risk

Answer

Contributory negligence

Answer

Statutory negligence

Question 22

What is the defining characteristic of negligence per se?

Accepted Answer

A legal presumption of negligence arising from violating a statute or regulation.

Answer

A higher burden of proof for the plaintiff.

Answer

A complete defense to liability for the defendant.

Answer

A requirement that the defendant intended to violate the statute or regulation.

Question 23

What is the key distinction between contributory and comparative negligence?

Accepted Answer

Contributory negligence bars recovery, while comparative negligence reduces recovery in proportion to fault.

Answer

Contributory negligence applies to intentional torts, while comparative negligence applies to negligence.

Question 24

What is the purpose of the "but-for" test in negligence?

Accepted Answer

To determine whether the defendant's breach of duty was a direct cause of the plaintiff's injuries.

Answer

To determine the extent of the plaintiff's damages.

Answer

To determine whether the defendant owed a duty of care to the plaintiff.

Question 25

Which of the following factors is **not** considered in determining the foreseeability of harm in a negligence case?

Accepted Answer

The defendant's subjective knowledge of the risk

Answer

The likelihood that harm will occur

Answer

The social value of the defendant's conduct

Answer

The magnitude of the potential harm

Question 26

What is the difference between actual cause and proximate cause in negligence?

Accepted Answer

Actual cause establishes a causal connection, while proximate cause limits liability to foreseeable consequences.

Answer

Actual cause is a necessary element of proximate cause.

Question 27

What is the significance of a breach of statutory duty in a negligence case?

Accepted Answer

It creates a rebuttable presumption of negligence.

Answer

It has no impact on the plaintiff's burden of proof.

Answer

It automatically entitles the plaintiff to recover damages.

Answer

It nullifies any defenses the defendant may raise.

Question 28

In negligence actions, a breach of duty occurs when the defendant's actions:

Accepted Answer

Fall below the established standard of care

Answer

Are intended to inflict harm

Answer

Are not prohibited by law

Answer

Result in an unexpected outcome

Question 29

In a negligence lawsuit, the plaintiff must demonstrate that the defendant's breach of duty:

Accepted Answer

Caused the plaintiff's injuries

Answer

Was foreseeable

Answer

Resulted in severe damages

Answer

Was the sole cause of the plaintiff's injuries

Question 30

Which of the following factors may be considered when determining the standard of care in negligence cases?

Accepted Answer

Customs and practices of the relevant industry

Answer

The weather conditions at the time of the incident

Answer

The plaintiff's financial status

Answer

The defendant's personal beliefs

Question 31

In breach of duty claims, the responsibility to prove the defendant's negligence belongs to the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Judge

Answer

Jury

Question 32

Contributory negligence by the plaintiff in a breach of duty case may lead to:

Accepted Answer

A reduced damage award to the plaintiff

Answer

An increase in the defendant's liability

Answer

No impact on the plaintiff's recovery

Answer

The plaintiff being completely barred from recovery

Question 33

Which of the following illustrates a breach of duty by a professional?

Accepted Answer

A doctor's failure to diagnose a patient's condition

Answer

A contractor constructing a faulty building

Answer

A teacher struggling to maintain classroom control

Answer

An attorney losing a case for their client

Question 34

In jurisdictions that adhere to the comparative negligence rule, damages in breach of duty cases are:

Accepted Answer

Divided up based on the proportionate fault of each party

Answer

Always fully awarded to the plaintiff

Answer

Reduced in proportion to the plaintiff's contributory negligence

Question 35

In a negligence lawsuit, the plaintiff must demonstrate:

Accepted Answer

That the defendant's breach of duty was the proximate cause of their injuries.

Answer

That the defendant's breach of duty was the "but-for" cause of their injuries.

Answer

That the defendant's breach of duty was the direct cause of their injuries.

Answer

That the defendant's breach of duty was a foreseeable cause of their injuries.

Question 36

In a medical malpractice case, the plaintiff must prove:

Accepted Answer

That the healthcare provider breached the Standard of Care, and that this breach caused their injuries.

Answer

That the healthcare provider intentionally harmed them.

Question 37

In a case involving contributory negligence:

Accepted Answer

The plaintiff's damages may be reduced due to their own negligence.

Answer

The plaintiff cannot recover any damages.

Answer

The defendant is not liable for the plaintiff's injuries.

Question 38

In a case involving comparative negligence:

Accepted Answer

The plaintiff's damages are reduced in proportion to their own negligence.

Answer

The plaintiff cannot recover any damages.

Answer

The defendant is not liable for the plaintiff's injuries.

Question 39

A surgeon mistakenly operates on the wrong leg of a patient. Which legal doctrine is most likely to be applicable in this scenario?

Accepted Answer

Res Ipsa Loquitur

Answer

Negligence Per Se

Answer

Last Clear Chance

Answer

Contributory Negligence

Question 40

A statute mandates specific safety guidelines for construction scaffolding. A company disregards these requirements, leading to an injury. This scenario exemplifies:

Accepted Answer

Negligence Per Se

Answer

Res Ipsa Loquitur

Answer

Assumption of Risk

Question 41

A plaintiff knowingly participates in a hazardous activity, comprehending the inherent risks. Which defense is most likely to be raised by the defendant?

Accepted Answer

Assumption of Risk

Answer

Comparative Negligence

Answer

Last Clear Chance

Answer

Contributory Negligence

Question 42

In a jurisdiction that follows comparative negligence, a plaintiff is found to be 30% responsible for their own injuries. How will this impact their potential compensation?

Accepted Answer

Damages will be reduced by 30%

Answer

Damages will be barred entirely

Answer

Damages will be unaffected

Question 43

Despite a plaintiff's negligence, the defendant had the final opportunity to prevent the accident but failed to do so. Which doctrine addresses this situation?

Accepted Answer

Last Clear Chance

Answer

Assumption of Risk

Answer

Contributory Negligence

Answer

Comparative Negligence

Question 44

A homeowner fails to remove ice from their sidewalk, resulting in a pedestrian slipping and falling. What is the homeowner's primary legal obligation in this situation?

Accepted Answer

Duty to maintain the property in a reasonably safe condition

Answer

Duty to warn only of concealed hazards

Answer

No duty to prevent trespassing

Question 45

A store owner is aware of a wet floor but neglects to display a caution sign. A customer subsequently slips and falls. Which principle is most relevant in determining the store owner's potential liability?

Accepted Answer

Duty to warn invitees of known hazards

Answer

Assumption of risk by the customer

Answer

Strict liability for all injuries on the premises

Answer

No duty to warn of obvious dangers

Question 46

A plaintiff experiences emotional distress after witnessing a car accident caused by the defendant's negligence. What is the most likely basis for the plaintiff's legal claim for emotional distress?

Accepted Answer

Negligent Infliction of Emotional Distress

Answer

Intentional Infliction of Emotional Distress

Answer

Assault

Answer

Battery