Torts (Foundational) Question Pack - Questions and Answers

1. A man swung a golf club in a crowded parking lot. It slipped from his hands and hit a woman nearby. She sued for battery.

Is he liable?

  1. Yes, because physical contact occurred
  2. No, because there was no intent to contact her
  3. Yes, because he acted with negligence
  4. No, because she assumed the risk by being nearby

Correct Answer: B

Explanation: Battery requires intentional harmful or offensive contact. Accidental slip, without intent to make contact, fails the required element.

Why the other options are incorrect
A ignores the intent requirement
C may support negligence, not battery
D assumption of risk applies only if plaintiff knew the specific danger

2. A store owner detained a shopper for suspected theft. The shopper was held for three hours in a locked office. No theft occurred.

What tort has likely been committed?

  1. Assault
  2. False imprisonment
  3. Trespass to chattels
  4. Defamation

Correct Answer: B

Explanation: False imprisonment requires confinement without legal authority. Extended restraint without proof of theft meets this definition.

Why the other options are incorrect
A requires threat of imminent contact
C involves interference with personal property
D concerns reputational harm, not physical confinement

3. A person entered another’s backyard during a snowstorm to prevent damage to a neighbor’s shed.

What defense may apply?

  1. Consent
  2. Public necessity
  3. Self-defense
  4. Private necessity

Correct Answer: D

Explanation: Private necessity allows entry onto land to prevent harm to one's own property. It is a complete defense to trespass but may require compensation.

Why the other options are incorrect
A was not obtained
B protects public interests, not private ones
C applies only to personal threat

4. A pedestrian was injured by a falling tool from a construction site. No witnesses saw what happened, and no evidence identified the worker who dropped it.

Can res ipsa loquitur apply?

  1. No, because identity of the tortfeasor is unknown
  2. Yes, because such accidents don’t happen absent negligence
  3. No, unless the victim was invited onto the site
  4. Yes, because there were multiple potential causes

Correct Answer: B

Explanation: Res ipsa applies when an accident would not occur without negligence and the instrumentality was under the defendant’s control.

Why the other options are incorrect
A identity is not required
C invitation affects duty, not res ipsa
D multiple causes don't defeat the doctrine when control is shown

5. A child threw a rock that hit a car. The owner sued for damages. The jurisdiction uses a modified standard for children.

How is the child’s conduct evaluated?

  1. Against an adult standard of care
  2. Under strict liability
  3. Against other children of similar age and experience
  4. Based on parental responsibility

Correct Answer: C

Explanation: Children are held to the standard of care of a reasonable child of similar age, intelligence, and experience.

Why the other options are incorrect
A applies only if engaging in adult activity
B does not apply to this tort
D parents may be liable separately, but not for child’s own torts without fault

6. A homeowner neglected to fix a loose step leading to her front door. A guest tripped and suffered injury.

Is the homeowner liable?

  1. No, because guests assume minor risks
  2. Yes, because landowners owe a duty to warn of known dangers
  3. No, unless the guest notified her of the problem
  4. Yes, only if the defect was intentionally concealed

Correct Answer: B

Explanation: Homeowners must warn licensees of known hazards not obvious to them. A loose step qualifies if known and uncorrected.

Why the other options are incorrect
A assumption of risk requires awareness
C duty exists even without guest’s warning
D concealment is not necessary for liability

7. A motorist accidentally hit a cyclist while adjusting his radio. The cyclist died from internal injuries that were aggravated by a rare medical condition.

Is the motorist liable?

  1. No, because the injury was unforeseeable
  2. Yes, because of the eggshell plaintiff rule
  3. No, if the cyclist was speeding
  4. Yes, if the motorist violated a traffic law

Correct Answer: B

Explanation: The eggshell plaintiff rule holds a defendant liable for full extent of harm, even if the injuries are unusually severe due to a preexisting condition.

Why the other options are incorrect
A foreseeability does not limit actual harm
C plaintiff’s conduct may reduce damages but not liability
D negligence per se may apply, but the question targets damages

8. An employer is sued for the negligent driving of its employee during work hours.

What doctrine applies?

  1. Nondelegable duty
  2. Independent contractor liability
  3. Respondeat superior
  4. Strict liability

Correct Answer: C

Explanation: Under respondeat superior, employers are liable for torts committed by employees acting within scope of employment.

Why the other options are incorrect
A applies to specific duties like safety
B irrelevant, employee not contractor
D negligence does not trigger strict liability

9. A hiker trespassed onto land where explosives were stored. She was injured during a spontaneous explosion.

Is the landowner strictly liable?

  1. Yes, because explosives are abnormally dangerous
  2. No, because the hiker was a trespasser
  3. Yes, if the landowner failed to post warnings
  4. No, unless negligence is shown

Correct Answer: A

Explanation: Abnormally dangerous activities like storing explosives impose strict liability regardless of precautions or plaintiff status.

Why the other options are incorrect
B trespass may reduce duty but not bar strict liability
C warning may affect negligence, not strict liability
D strict liability does not require fault

10. An individual publicly claimed that a neighbor had committed arson, despite knowing it was false.

What tort applies?

  1. Invasion of privacy
  2. Intentional infliction of emotional distress
  3. Defamation
  4. Trespass to land

Correct Answer: C

Explanation: Publicly stating false information harming someone’s reputation constitutes defamation, especially if made with knowledge of falsity.

Why the other options are incorrect
A covers false light, intrusion, and private facts
B may be present but not the strongest claim
D no physical intrusion occurred

 

11. A driver hit a pedestrian while speeding through a school zone. The driver claimed he didn’t see the posted signs.

Which duty standard applies?

  1. A subjective standard based on the driver’s awareness
  2. The standard of a reasonable person
  3. Strict liability for all conduct in school zones
  4. A heightened duty of care due to the pedestrian’s vulnerability

Correct Answer: B

Explanation: The general negligence standard is that of a reasonably prudent person under similar circumstances. Not noticing a sign is not an excuse.

Why the other options are incorrect
A subjective standards do not apply in negligence
C strict liability does not govern traffic infractions
D duty of care remains the same regardless of victim’s status, unless special relationships exist

12. A doctor failed to inform a patient of the risks associated with a routine procedure. The patient suffered a known complication.

What is the strongest basis for liability?

  1. Breach of fiduciary duty
  2. Battery
  3. Medical negligence for lack of informed consent
  4. Res ipsa loquitur

Correct Answer: C

Explanation: Failing to disclose material risks deprives the patient of informed consent, which is a basis for negligence.

Why the other options are incorrect
A may overlap but is not the typical tort analysis
B requires unauthorized touching, which wasn’t shown
D applies to unexplained accidents, not disclosure failures

13. A man negligently caused a fire that spread and destroyed his neighbor’s business. The neighbor sued for lost profits.

Is recovery allowed?

  1. Yes, under strict liability
  2. No, because economic losses are never recoverable
  3. Yes, if the losses are foreseeable and directly caused
  4. No, unless physical injury also occurred

Correct Answer: C

Explanation: Economic loss may be recoverable in negligence if it’s tied to tangible harm and is foreseeable.

Why the other options are incorrect
A strict liability only applies in limited contexts
B blanket bans on economic loss do not apply when damage is physical and direct
D not always required if harm flows from physical destruction

14. An accountant made an error in preparing a tax return. The client sued after being audited.

What is the correct standard of care?

  1. The standard of a reasonable accountant
  2. The standard of a layperson
  3. A strict liability standard
  4. The standard of the most skilled professionals

Correct Answer: A

Explanation: Professionals are held to the standard of care of a reasonable member of their profession.

Why the other options are incorrect
B applies to general negligence
C does not govern professional errors
D sets an unreasonably high bar

15. A bystander suffered emotional distress after witnessing a friend seriously injured in a car accident.

Can the bystander recover?

  1. Yes, under intentional infliction of emotional distress
  2. No, emotional harm must be tied to physical injury
  3. Yes, if the jurisdiction allows claims for negligent infliction of emotional distress
  4. No, unless the bystander was in the zone of danger

Correct Answer: C

Explanation: Some jurisdictions permit recovery for witnessing trauma to close relatives, even if the plaintiff was not physically endangered.

Why the other options are incorrect
A requires intentional conduct
B is outdated in many states
D applies only if plaintiff was personally threatened

16. A shopper ignored a “Wet Floor” sign and slipped. She sued the store.

What defense is most applicable?

  1. Comparative fault
  2. Assumption of risk
  3. Contributory negligence
  4. No duty owed to invitees

Correct Answer: A

Explanation: Comparative fault reduces recovery based on plaintiff’s negligence. Ignoring a warning affects damages, not the existence of a claim.

Why the other options are incorrect
B assumption of risk applies when plaintiff knowingly engages in dangerous activity
C contributory negligence is outdated in many jurisdictions
D businesses owe duties to invitees to maintain safe premises

17. A manufacturer sold a ladder with a design flaw. The buyer fell during normal use.

What type of claim is most appropriate?

  1. Negligence for failing to inspect
  2. Breach of warranty
  3. Strict products liability for defective design
  4. Misrepresentation

Correct Answer: C

Explanation: If the product was unreasonably dangerous due to design flaws, strict liability applies regardless of due care.

Why the other options are incorrect
A may apply but requires proof of fault
B relates to express or implied promises, not design defects
D requires affirmative misleading statements

18. A plaintiff sued after being injured by a falling sign outside a store. The owner claimed the sign was installed by an independent contractor.

Can the owner be liable?

  1. Yes, under vicarious liability
  2. No, if the contractor was solely responsible
  3. Yes, if the duty is nondelegable
  4. No, unless the contractor acted within scope of employment

Correct Answer: C

Explanation: Property owners cannot delegate certain duties, like maintaining safe premises. They remain liable for harm caused by contractors.

Why the other options are incorrect
A vicarious liability generally applies to employees
B sole responsibility does not bar nondelegable duty
D employment status is irrelevant in independent contracts

19. A defendant negligently spilled oil on the road. A car slid and hit a pedestrian several blocks away.

What issue is most central to liability?

  1. Duty
  2. Actual causation
  3. Proximate causation
  4. Comparative negligence

Correct Answer: C

Explanation: Proximate cause limits liability to foreseeable harms. A chain of events leading to distant injury raises issues of remoteness.

Why the other options are incorrect
A duty generally exists to avoid creating hazards
B actual cause may be present but isn’t dispositive
D plaintiff’s conduct wasn’t involved

20. An individual posted private photos of another online without consent.

What claim is most appropriate?

  1. Defamation
  2. Public disclosure of private facts
  3. Trespass to chattels
  4. Intentional interference with business relations

Correct Answer: B

Explanation: Publicizing private, embarrassing information without consent violates privacy rights. No falsehood is required.

Why the other options are incorrect
A requires falsity and reputational harm
C concerns physical property
D relates to economic relationships

 

21. A factory emitted strong odors that drifted into a nearby neighborhood, interfering with residents’ enjoyment of their homes.

What is the strongest tort theory?

  1. Trespass to land
  2. Private nuisance
  3. Negligence
  4. Public nuisance

Correct Answer: B

Explanation: Private nuisance occurs when there’s substantial and unreasonable interference with the use and enjoyment of another’s land.

Why the other options are incorrect
A requires physical invasion
C may apply but nuisance more directly fits
D affects broader public rights, not individual homeowners

22. A newspaper published a false story accusing a local mayor of fraud. The mayor sued for defamation.

What must the mayor prove?

  1. That the newspaper acted negligently
  2. That the statement was false
  3. That the newspaper acted with actual malice
  4. That the statement caused emotional harm

Correct Answer: C

Explanation: Public officials must show the defendant acted with actual malice, meaning knowledge of falsity or reckless disregard.

Why the other options are incorrect
A negligence standard applies to private plaintiffs
B falsity is required but not sufficient
D emotional harm may be relevant but not essential to the claim

23. A homeowner built a fence that slightly encroached on a neighbor’s property. The neighbor sued.

What claim is most appropriate?

  1. Trespass
  2. Nuisance
  3. Conversion
  4. Negligent infliction of emotional distress

Correct Answer: A

Explanation: Physical intrusion onto another’s land, even minimal, constitutes trespass.

Why the other options are incorrect
B nuisance involves interference with enjoyment, not boundaries
C applies to personal property
D requires emotional harm, not land encroachment

24. A man falsely stated that his competitor used child labor. The competitor lost several contracts and sued.

Which tort best applies?

  1. Defamation
  2. Negligent misrepresentation
  3. Intentional interference with business relations
  4. Public nuisance

Correct Answer: C

Explanation: Making false statements to harm business relationships constitutes intentional interference with economic advantage.

Why the other options are incorrect
A is possible but centers on reputation, not contracts
B requires a special relationship
D is unrelated to commercial conduct

25. A social media influencer posted a false review of a competitor’s product, knowing it was untrue.

What is the key element for a defamation claim?

  1. That the statement was based on opinion
  2. That the competitor suffered physical injury
  3. That the influencer acted intentionally
  4. That the statement was published to a third party

Correct Answer: D

Explanation: Publication to a third party is essential for defamation. Physical injury is not required.

Why the other options are incorrect
A opinions are generally protected unless implying false facts
B injury need not be physical
C intent enhances damages but is not required for liability

26. A man sold a used car and claimed “it runs like new.” The buyer soon discovered major engine problems.

What tort may apply?

  1. Breach of contract
  2. Negligent misrepresentation
  3. Intentional misrepresentation
  4. Products liability

Correct Answer: C

Explanation: False factual statements made knowingly to induce reliance support a claim for intentional misrepresentation.

Why the other options are incorrect
A is possible but not a tort
B requires careless falsehood, not deliberate
D applies to manufacturers, not private sellers

27. A hiker wandered onto private land and was injured by a hidden trap set by the landowner.

Is the landowner liable?

  1. Yes, for intentional infliction of harm to a trespasser
  2. No, because trespassers assume risks
  3. Yes, under strict liability for land traps
  4. No, unless the trap was poorly constructed

Correct Answer: A

Explanation: Landowners may not intentionally injure trespassers. Deadly traps are prohibited even against unlawful entrants.

Why the other options are incorrect
B assumption of risk does not cover deliberate harm
C strict liability generally applies to abnormally dangerous activities, not traps
D quality of trap is not the issue

28. A passerby overheard a false accusation and repeated it to friends. The person accused sued.

What defense might the passerby claim?

  1. Absolute privilege
  2. Truth
  3. Conditional privilege
  4. Opinion

Correct Answer: C

Explanation: Conditional privilege may protect statements made in good faith under certain circumstances, but is defeated by abuse or malice.

Why the other options are incorrect
A applies to limited contexts like court proceedings
B not available here, statement was false
D factual assertions are not opinions

29. A company manufactured fireworks. Despite following all regulations, an explosion injured nearby residents.

Is the company liable?

  1. Yes, under strict liability for abnormally dangerous activities
  2. No, because it complied with all safety rules
  3. Yes, but only if negligence is proven
  4. No, unless the injury was foreseeable

Correct Answer: A

Explanation: Activities inherently dangerous and unlikely to be safe even with due care impose strict liability.

Why the other options are incorrect
B compliance does not bar strict liability
C negligence is unnecessary
D foreseeability applies to negligence, not strict liability

30. A homeowner sued a factory for releasing toxic fumes that made her family ill.

What factor determines whether the nuisance claim succeeds?

  1. Whether the fumes physically invaded the property
  2. Whether the factory’s conduct was intentional
  3. Whether the interference was substantial and unreasonable
  4. Whether the homeowner suffered economic loss

Correct Answer: C

Explanation: Private nuisance requires substantial and unreasonable interference with property use, regardless of intent.

Why the other options are incorrect
A physical invasion is not required for nuisance
B intent may affect damages but not liability
D economic harm is not required

 

31. A jogger ignored a “No Trespassing” sign and entered private land, where she tripped over a hidden wire and broke her ankle.

Which defense best supports the landowner?

  1. Assumption of risk
  2. Lack of duty to trespassers
  3. Comparative fault
  4. Self-defense

Correct Answer: B

Explanation: Landowners owe limited duties to adult trespassers and are not required to make property safe or warn unless intentional harm is involved.

Why the other options are incorrect
A may reduce recovery but doesn’t negate duty
C applies in broader negligence, not duty elimination
D is not relevant here, no personal threat

32. After negligently crashing a car, a defendant died. The injured passenger sued the deceased’s estate for damages.

What action is proper?

  1. Survival action
  2. Wrongful death action
  3. Battery claim
  4. Defamation claim

Correct Answer: A

Explanation: A survival action allows a decedent’s estate or the estate of a tortfeasor to pursue or defend personal injury claims that existed prior to death.

Why the other options are incorrect
B compensates relatives of deceased victims
C not applicable, no intent to harm 
D unrelated to personal injury

33. A pedestrian suddenly jaywalked into traffic and was struck by a speeding driver. The jurisdiction uses pure comparative negligence.

How will damages be assigned?

  1. Plaintiff is barred from recovery
  2. Plaintiff recovers full damages
  3. Damages are reduced according to each party’s fault
  4. Only the driver is liable

Correct Answer: C

Explanation: In pure comparative fault jurisdictions, each party’s recovery is reduced by their percentage of fault, regardless of who is more at fault.

Why the other options are incorrect
A reflects contributory negligence, not comparative
B ignores plaintiff’s own fault
D driver may be liable, but plaintiff shares fault

34. An unarmed man aggressively approached another on a dark street. Fearing attack, the second man punched him in the face.

What defense best applies?

  1. Necessity
  2. Defense of others
  3. Self-defense
  4. Defense of property

Correct Answer: C

Explanation: A person may use reasonable force to protect themselves if they reasonably believe they are in imminent danger, even if the threat turns out to be mistaken.

Why the other options are incorrect
A relates to trespass or damage, not bodily harm
B requires defense of third parties
D allows only limited force against property threats

35. A car owner lent her vehicle to a friend who negligently injured a pedestrian. The pedestrian sued both.

What determines the owner’s liability?

  1. Whether the owner gave permission
  2. Whether the owner knew of the friend’s prior accidents
  3. Whether the owner was in the car
  4. Whether the car was defective

Correct Answer: A

Explanation: Owners may be vicariously liable under permissive use statutes if they allow others to operate their vehicle.

Why the other options are incorrect
B negligence doesn’t require prior knowledge
C presence isn’t a prerequisite for liability
D applies to products, not ordinary use

36. A man saw his child hit by a car and suffered severe emotional trauma. He was not physically harmed.

Which factor supports his claim?

  1. Being within the zone of danger
  2. Being a bystander unrelated to the victim
  3. Knowing the driver personally
  4. Experiencing anger and frustration

Correct Answer: A

Explanation: A plaintiff within the zone of danger who suffers emotional distress due to witnessing injury to a close relative may recover under NIED in many jurisdictions.

Why the other options are incorrect
B lack of relationship may defeat claim
C familiarity is not dispositive
D general emotions do not meet legal thresholds

37. A woman was walking through a department store when merchandise fell and injured her. The store claimed it had cleaned the area just moments before.

What doctrine may help the plaintiff?

  1. Assumption of risk
  2. Res ipsa loquitur
  3. Strict liability
  4. Self-defense

Correct Answer: B

Explanation: Res ipsa applies when the injury results from an instrumentality within defendant’s control and the event doesn’t ordinarily happen absent negligence.

Why the other options are incorrect
A applies when plaintiff knowingly exposes herself to danger
C used for abnormally dangerous activities or defective products
D irrelevant to store conduct

38. A journalist falsely reported that a celebrity committed a crime. The celebrity suffered reputational damage.

Which element must the celebrity show?

  1. Negligence
  2. Reckless disregard or actual malice
  3. Strict liability
  4. Proof of financial loss

Correct Answer: B

Explanation: Public figures must prove the publisher acted with actual malice — knowledge of falsity or reckless disregard for truth, to succeed in a defamation claim.

Why the other options are incorrect
A insufficient for public figure defamation
C does not apply to speech-based torts
D reputational harm is actionable without financial loss

39. A homeowner kept wild animals in a private enclosure. One escaped and injured a neighbor.

Is the homeowner liable?

  1. No, if reasonable care was taken
  2. Yes, under strict liability
  3. No, unless negligence is proven
  4. Yes, only if a statute was violated

Correct Answer: B

Explanation: Ownership of wild animals imposes strict liability for harm caused, regardless of precautions.

Why the other options are incorrect
A care doesn’t eliminate strict liability
C fault is not required
D statutory violation may increase liability, but isn’t necessary

40. A defendant sold fireworks to a minor who used them improperly and injured others.

What is the strongest basis for liability?

  1. Defense of necessity
  2. Vicarious liability
  3. Negligence per se
  4. Assumption of risk

Correct Answer: C

Explanation: Selling hazardous items in violation of a safety statute that aims to prevent the harm caused supports negligence per se.

Why the other options are incorrect
A necessity does not excuse harm from illegal acts
B vicarious liability applies to employee-employer relationships
D injured third parties did not assume risk

 

41. A firefighter was injured rescuing a resident during a building fire and sued the property owner for negligent maintenance that caused the fire.

Is the firefighter’s claim likely to succeed?

  1. Yes, because property owners owe a duty to lawful entrants
  2. No, because rescuers are barred from recovery
  3. Yes, if the risk was unforeseeable
  4. No, under the firefighter’s rule

Correct Answer: D

Explanation: The firefighter’s rule bars recovery for risks inherent in the job. Public safety workers may not sue for injuries resulting from expected hazards.

Why the other options are incorrect
A general duties do not override specific immunities
B blanket barring of rescuers is incorrect
C unforeseeability doesn't overcome the rule here

42. A child trespassed onto private land and drowned in an unsecured pond.

Can the landowner be liable?

  1. No, because the child was a trespasser
  2. Yes, because of the attractive nuisance doctrine
  3. No, unless the pond was manmade
  4. Yes, only if the child was invited

Correct Answer: B

Explanation: The attractive nuisance doctrine imposes a duty on landowners to protect children from dangerous conditions that may attract them, even if the child is a trespasser.

Why the other options are incorrect
A adult trespasser rules don’t apply to children
C natural versus artificial distinction may matter, but pond type isn't specified
D invitation is unnecessary under this doctrine

43. An employee committed battery during work hours while delivering packages. The victim sued the employer.

Is the employer liable?

  1. Yes, under respondeat superior
  2. No, unless the employer encouraged the conduct
  3. Yes, if the employee had a history of violence
  4. No, because intentional torts are outside the scope of employment

Correct Answer: A

Explanation: Employers may be vicariously liable for intentional torts committed within the scope of employment, particularly if the job creates foreseeable risk.

Why the other options are incorrect
B encouragement is not required
C history may support negligent hiring, not vicarious liability
D scope of employment can include intentional misconduct in some contexts

44. A friend borrowed a bicycle and damaged it through careless use. The owner sued.

What claim is most appropriate?

  1. Trespass to land
  2. Trespass to chattels
  3. Conversion
  4. Strict liability

Correct Answer: B

Explanation: Trespass to chattels involves interference with personal property resulting in damage or loss of use.

Why the other options are incorrect
A applies to real property
C requires serious interference or deprivation
D strict liability does not cover casual property misuse

45. A plaintiff was injured by a falling billboard. At trial, both plaintiff and defendant produced conflicting expert opinions.

What procedural rule assists the plaintiff?

  1. Comparative fault
  2. Expert immunity
  3. Res ipsa loquitur
  4. Burden shifting due to negligence per se

Correct Answer: C

Explanation: When direct evidence is lacking and the event would not occur without negligence, res ipsa allows the inference of fault for the plaintiff.

Why the other options are incorrect
A applies to apportionment, not proof
B experts are not immune from contradiction
D negligence per se requires statute violation

46. A public school teacher was sued for injuries during a supervised activity. The teacher argued statutory immunity.

What must be shown for the immunity to apply?

  1. That the teacher acted without negligence
  2. That the activity was approved by the school
  3. That the teacher acted within the scope of employment
  4. That the injury was not foreseeable

Correct Answer: C

Explanation: Public employee immunity typically applies when the act occurs within the scope of official duties. Unauthorized conduct may void immunity.

Why the other options are incorrect
A immunity can apply even with negligence
B approval helps but isn’t the core requirement
D foreseeability affects liability, not immunity

47. A man hit another while defending his roommate from an apparent threat. The attacker later claimed he was just joking.

Is the defense valid?

  1. No, because the threat was not real
  2. Yes, if the man reasonably believed force was necessary
  3. No, unless the attacker had a weapon
  4. Yes, but only if the roommate requested help

Correct Answer: B

Explanation: Defense of others allows reasonable force if the defender honestly and reasonably believes intervention is needed, even if mistaken.

Why the other options are incorrect
A actual threat is not required
C presence of a weapon may increase justification but isn’t essential
D request for help is not a requirement

48. A man created loud music every night, disturbing one neighbor. The neighbor sued.

Which claim is strongest?

  1. Public nuisance
  2. Strict liability
  3. Private nuisance
  4. Trespass

Correct Answer: C

Explanation: Private nuisance occurs when there's unreasonable interference with another's enjoyment of their own property.

Why the other options are incorrect
A affects rights of the general public
B not applicable to noise
D no physical invasion of land occurred

49. A store sells lawn chairs that collapse under normal use due to flawed design. A customer is injured.

What must the customer prove in strict liability?

  1. That the store knew of the defect
  2. That the product was unreasonably dangerous
  3. That the chair was misused
  4. That the store failed to warn

Correct Answer: B

Explanation: In design defect claims under strict liability, the plaintiff must show the product was unreasonably dangerous when used as intended.

Why the other options are incorrect
A knowledge is not required in strict liability
C misuse may be a defense but isn’t relevant here
D failure to warn applies more to warnings and labels

50. After a fatal accident caused by negligent driving, the decedent’s family sued for loss of companionship and funeral expenses.

What type of action is this?

  1. Survival
  2. Battery
  3. Wrongful death
  4. Defamation

Correct Answer: C

Explanation: Wrongful death actions allow surviving family to recover for losses resulting from another’s tortious conduct causing death.

Why the other options are incorrect
A survival actions preserve decedent’s own claims
B not applicable without intent
D does not concern physical death or family loss