Torts

Question 1

Tort

Answer 1

Civil wrong with a civil remedy

Question 2

Duty of Care

Answer 2

Obligation to take risk reducing behavior

Question 3

Standard of Care for Professionals

Answer 3

Professionals must possess and exercise knowledge and skill of an ordinary member of that profession in good standing.

Question 4

Standard of Care for Children

Answer 4

Level of care that a child of like age, intelligence, education, and experience would exercise

Question 5

Child is held to an adult standard of care when:

Answer 5

Engaging in an adult behavior

Question 6

Undiscovered Trespasser Duty

Answer 6

None

Question 7

Discovered Trespassers

Answer 7

People who entered your land without permission, but you know or should anticipate are on your land

Question 8

Discovered Trespassers Duty

Answer 8

Liable for manmade death traps

Question 9

Licensee

Answer 9

People on your land with your permission for their own purposes or business

Question 10

Invitee

Answer 10

People on your land with your permission for a purpose related to a business holding itself out as open to the public

Question 11

Liability to Licensees

Answer 11

Any concealed dangerous condition known to landowner

Question 12

Liability to Invitees

Answer 12

Duty to inspect for dangerous conditions

Question 13

Attractive Nuisance Doctrine Factors

Answer 13

Likelihood of children coming onto your property; Whether they would be too young to appreciate the danger; How difficult it would be to reduce the danger

Question 14

The presence of an emergency changes the reasonable person standard only:

Answer 14

When the defendant did not create the emergency

Question 15

“Firefighter Rule”

Answer 15

Due to assumption of risk, public policy will usually preclude a firefighter from recovering for injuries occurring on duty from risks inherent to his job

Question 16

What are the three different types of emotional distress that can arise from the defendant’s negligence?

Answer 16

1. Near Miss Case
2. Close Family Member
3. Misdiagnosis of an illness or mishandling of a loved ones remains

Question 17

When the plaintiff may use a statute to make their tort case

Answer 17

1. The plaintiff is in the class intended to be protected by the statute.
2. The statute is designed to prevent the type of harm that the plaintiff suffered

Question 18

No Affirmative Duty to Act Unless:

Answer 18

1. There is a special relationship with the person in distress
2. Prevent someone under your authority from hurting someone else
3. When your conduct has caused someone to get hurt

Question 19

Elements if Near Miss:

Answer 19

1. Victim was in the zone of danger

2. Victim suffered some physical symptoms from the distress

Question 20

Res Ipsa Loquitur factors

Answer 20

1. Accident would not normally occur unless there was negligence
2. The defendant is the responsible party

Question 21

Elements to prove causation

Answer 21

1. Actual causation

2. Proximate causation

Question 22

Actual causation elements

Answer 22

Injury would not have occurred without the defendant’s breach

Question 23

Proximate Causation elements

Answer 23

Injury was a foreseeable consequence of the breach

Question 24

Actual causation test

Answer 24

But for the defendant’s negligence, would the plaintiff’s injuries have occurred?

Question 25

Merged causation

Answer 25

Two or more defendants independently set in motion forces that cause the plaintiff harm, but either could have caused harm by itself

Question 26

Substantial factor test

Answer 26

If the negligent conduct was a substantial factor in causing the harm, it is deemed an actual cause of the harm

Question 27

Direct Cause Case

Answer 27

Uninterrupted chain of events from the time of the defendant's negligent conduct to the time of the plaintiff's injury

Question 28

Indirect Cause Case

Answer 28

Other forces or events come into play after the defendant's negligent conduct to combine with the conduct to cause the plaintiff's injury

Question 29

Always Foreseeable Intervening Forces

Answer 29

1. Subsequent medical malpractice 2. Negligent rescue 3. Reaction forces 4. Subsequent accident or disease

Question 30

T/F Plaintiff can get punitive damages in a negligence action?

Answer 30

False

Question 31

Assumption of Risk

Answer 31

Plaintiff knew the risk and voluntarily assumed it

Question 32

Contributory Negligence

Answer 32

Plaintiff contributed to their negligence through their own conduct.

Question 33

Partial Comparative Negligence

Answer 33

Plaintiff can recover only if less at fault than the defendant. But recovery will be reduced by the percentage

Question 34

Pure Comparative Negligence

Answer 34

Plaintiff can recover regardless of percentage of fault, but recovery will be reduced by the percentage

Question 35

Types of torts

Answer 35

1. Intentional 2. Strict liability 3. Negligence 4. Defamation/Privacy Torts 5. Nuisance

Question 36

A domestic animal is not considered wild unless:

Answer 36

It has a dangerous propensity

Question 37

Strict Liability Torts

Answer 37

P.roduct liability A.bnormally dangerous activities W.ild animal

Question 38

Tort Elements

Answer 38

``` Duty Breach Actual Causation Proximate Causation Damages Defenses ```

Question 39

For a plaintiff to prove a claim of negligence, the plaintiff must show:

Answer 39

That the defendant owed the plaintiff a duty of reasonable care, that the duty was breached, and that the breach was the actual and proximate cause of the harm plaintiff suffered for damages

Question 40

Standard of care for mentally ill

Answer 40

Reasonable person standard

Question 41

Standard of care when physically disabled

Answer 41

Reasonable for someone with the same disability

Question 42

Standard of care for a child

Answer 42

A child of like age, education, intelligence, and experience

Question 43

Adult activity doctrine

Answer 43

When a child engages in conduct reserved for adults, are evaluated at the adult reasonable person standard

Question 44

No duty to act, unless:

Answer 44

``` F.amily Relationship A.ssumption of the care C.ontract C.reation of peril S.tatutory duties S.pecial relationships ```

Question 45

Respondeat Superior

Answer 45

Employers are vicariously liable for the torts committed by their employees within the scope of the employment

Question 46

Respondeat Superior typically applies to the tort of:

Answer 46

Negligence

Question 47

Respondeat Superior applies to intentional torts when:

Answer 47

- Employer has authorized the conduct - Nature of the employment is hostile - Employee believed it was necessary to use force to further the employee's business

Question 48

Res Ipsa Loquitor

Answer 48

1. The accident would not have happened unless someone was negligent 2. The thing that caused the injuries was in the exclusive control of the defendant 3. Plaintiff was not at fault

Question 49

Negligence Per Se

Answer 49

1. There is a statute that defines conduct that usually comes with a criminal penalty 2. The statute is designed to protect a member of the public from a specific type of harm 3. The plaintiff is a member of the class of persons that the statute was designed to protect who suffers an injury the statute was designed to prevent

Question 50

Facts that are almost always unforeseeable

Answer 50

C.riminal acts of third parties I.ntentional torts A.cts of God

Question 51

Facts that are almost always foreseeable

Answer 51

- Subsequent medical malpractice - Negligence of rescuers - Subsequent diseases and accidents - Ordinary negligence of third persons

Question 52

Superseding or supervening =

Answer 52

Unforeseeable

Question 53

Tort defenses

Answer 53

1. Comparative fault | 2. Assumption of the risk

Question 54

Types of Comparative Fault

Answer 54

1. Pure comparative fault | 2. Partial or modified fault

Question 55

Pure Comparative Fault

Answer 55

Plaintiff can recover no matter how negligent the plaintiff is, but recovery will be reduced by their own liability

Question 56

Partial or Modified Fault

Answer 56

Plaintiff's negligence must be less than defendant's, or Plaintiff's negligence can be equal to the defendant's

Question 57

Comparative Fault Default Rule

Answer 57

Pure Comparative Fault

Question 58

Assumption of the Risk

Answer 58

You know the risk but went ahead anyway