General Principles of Liability — Fault, Wrongful Intent, and Malice — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. The "fault theory" of tort liability holds that liability generally requires:

   • Government approval
   • Intention or negligence on the defendant's part (correct answer)
   • A written contract
   • Proof of financial loss only

   Explanation. The fault theory holds that liability generally requires some degree of fault — intention or negligence — on the defendant's part.

2. Intention in tort law refers to:

   • The underlying reason behind an act
   • The immediate objective of an act (correct answer)
   • A written statement of purpose
   • The financial motive for an act

   Explanation. Intention is the immediate objective of the act itself, distinct from motive, which is the underlying reason behind it.

3. As a general rule, a bad motive:

   • Always makes an act tortious
   • Does not make an otherwise lawful act wrongful (correct answer)
   • Is a crime by itself
   • Automatically doubles damages

   Explanation. A bad motive does not make an otherwise lawful act wrongful — as shown in Bradford Corporation v. Pickles.

4. "Malice in law" refers to:

   • Personal spite or ill-will alone
   • An intentional wrongful act done without just cause or legal excuse (correct answer)
   • A crime committed with a weapon
   • Breach of a written contract

   Explanation. Malice in law (implied malice) means doing a wrongful act intentionally, without just cause or legal excuse — the sense tort law cares about.

5. In which of the following is malice (an improper motive) an element of the tort?

   • Trespass to land
   • Malicious prosecution (correct answer)
   • Negligent driving
   • Battery

   Explanation. In malicious prosecution the plaintiff must prove that the defendant started the case with malice and without reasonable and probable cause. In most other torts a bad motive does not make a lawful act wrongful.

6. "Malfeasance" refers to:

   • A lawful act done improperly
   • The commission of an inherently unlawful act (correct answer)
   • Failure to perform a duty owed
   • A defence available in all torts

   Explanation. Malfeasance is the commission of an act that is inherently unlawful, regardless of how it is carried out.

7. A driver who has every right to be on the road but drives carelessly and causes an accident commits:

   • Malfeasance
   • Misfeasance (correct answer)
   • Nonfeasance
   • No tort at all

   Explanation. Misfeasance is the improper or negligent performance of an act that is itself lawful — such as careless driving.

8. "Nonfeasance" typically requires which of the following before liability attaches?

   • A pre-existing duty of care (correct answer)
   • A written contract only
   • Criminal intent
   • Proof of malice

   Explanation. Nonfeasance typically requires a pre-existing duty of care before liability attaches for a failure to act.