Federal Nursing Home Administrator Practice Exam

Which statement accurately describes a tort?

1. A harm that occurs without legal breach

2. A legal obligation owed that has been breached resulting in harm

3. A criminal act punishable by law

4. A legal agreement between two parties

The correct answer is: A legal obligation owed that has been breached resulting in harm

A tort is a civil wrong or injury that occurs when an individual or entity breaches a legal obligation owed to another party, leading to harm or damage. This concept fundamentally revolves around the idea that one party's failure to adhere to a legal standard of care results in injuries or losses suffered by another. In the context of this question, the statement that describes a tort correctly emphasizes the necessity of a breach of legal obligation that leads to harm. This breach can take many forms, such as negligence, intentional misconduct, or strict liability, depending on the nature of the incident and the relationship between the parties involved. The other statements are misaligned with the definition of a tort. For instance, stating that a tort is a harm that occurs without a legal breach does not address the essential element of legal obligation and accountability inherent in tort law. Furthermore, characterizing a tort as a criminal act would be misleading, as torts are typically resolved in civil court rather than criminal court, where different standards of evidence and consequences apply. Lastly, a legal agreement between two parties pertains more to contractual law rather than tort law, which focuses on wrongful acts that cause harm irrespective of a contractual relationship. Understanding these distinctions is crucial for grasping the full scope of tort law and