Ch 5 - Tort Law

Question 1

The case that most often gets mentioned in a discussion about punitive damages is:

A.) Brown v. Board of Education.

B.) Medtronic v. Hughes

C.) Rawls v. Progressive Northern Insurance

D.) Liebeck v. McDonalds Restaurants

Answer 1

D.) Liebeck v. McDonalds Restaurants

Question 2

Fifi, a clerk at a Games n’ Gamers store, permanently takes a video game player and a selection of new games from the store without permission. Fifi is liable for

A.) wrongful interference with a business relationship.

B.) no tort - only a crime.

C.) conversion.

D.) appropriation.

Answer 2

C.) conversion.

Question 3

Elise, an emergency medical technician is driving down the road and notices that a jogger needs medical assistance. Elise calls 9-1-1 and gets out to help. Even if Elise makes a mistake rendering aid, she is likely immune from liability under

A.) an applicable Good Samaritan statute.

B.) exception theory.

C.) dram shop legislation.

D.) the doctrine of res ipsa loquitur.

Answer 3

A.) an applicable Good Samaritan statute.

Question 4

Logistics Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load of biofuel, it accidentally strikes a storage tank owned by Metro Biofuel, Inc. For the cost of repairing the damage to the tank, Metro is most likely to be awarded

A.) compensatory damages.

B.) contingency fees.

C.) punitive damages.

D.) all of the above.

Answer 4

A.) compensatory damages.

Question 5

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the “best one ever made.” This is

A.) fraud if the statement is the truth.

B.) fraud if Jim believes that this statement is not true.

C.) fraud if Jim is stating his opinion, not the facts.

D.) not fraud.

Answer 5

D.) not fraud.

Question 6

Jess, an accountant, posts a message on social media that states her competitor Kelly has been convicted of theft. Which of the following statements, taken by itself, would most likely make Jess liable for the tort of defamation

A.) Kelly sees this information on social media.

B.) the statement is false.

C.) Kelly loses business.

D.) Kelly suffers emotional distress.

Answer 6

B.) the statement is false.

Question 7

A defamatory statement must be communicated to a third party to be actionable.

A.) True

B.) False

Answer 7

A.) True

Question 8

To commit an intentional tort, a person must have an evil or harmful motive.

A.) True

B.) False

Answer 8

B.) False

Question 9

Under the doctrine of comparative negligence, only the defendant’s negligence is taken into consideration.

A.) True

B.) False

Answer 9

B.) False

Question 10

Manuel is walking past Thomas’s house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel ignores the “no trespassing” sign and rushes into Thomas’s house, finds the child and brings the child outside. Manuel

A.) trespassed, but has a valid defense for doing so.

B.) trespassed, and does not have a valid defense.

C.) disparaged the property.

D.) did not trespass.

Answer 10

A.) trespassed, but has a valid defense for doing so.

Question 11

What is a tort?

Answer 11

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.

The way someone is able to sue if someone else has wronged them.

Question 12

What is the purpose of tort law?

Answer 12

To compensate those who have suffered a loss or injury due to another person’s wrongful act. - Make the plaintiff whole again.

Society recognizes an interest in:

• Personal physical safety
• Protecting property

Question 13

What are compensatory damages?

Answer 13

Monetary damages equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Question 14

What are the two types of compensatory damages?

Answer 14

Special and General

Question 15

What are special compensatory damages?

Answer 15

Quantifiable damages

i.e. wages, medical expenses, car repairs

Question 16

What are general compensatory damages?

Answer 16

Non-monetary damages - difficult to put a number on

i.e. chronic back pain, emotional distress, loss of a loved one

Question 17

What are punitive damages?

Answer 17

Monetary damages awarded to punish the defendant and deter similar conduct.

Courts exercise great restraint in granting punitive damages to plaintiffs in court actions because punitive damages are subject to the limitations imposed by the due process clause of the U.S. Constitution.

Question 18

What are legislative caps?

Answer 18

Limits on the amount of damages - punitive and general - that states can award to the plaintiff.

“Tort Reform”
In addition to legislative caps, requiring the losing party to pay both expenses is another form of tort reform.

Question 19

What are the 3 classifications of tort?

Answer 19

1. Intentional Tort
2. Unintentional Tort - Negligence
3. Strict Liability

Question 20

What is an intentional tort?

Answer 20

A wrongful act knowingly committed.

Question 21

What is an unintentional tort?

Answer 21

An act that fails to live up to a required duty of care.

• Negligence

Question 22

What is strict liability?

Answer 22

Liability regardless of fault (imposed on those engaged in abnormally dangerous activities)

Question 23

What is a tortfeasor?

Answer 23

The person who commits a tort.

Question 24

What are some defenses the defendant can raise as reasons why the plaintiff should not obtain damages in a case involving a tort?

Answer 24

Consent - When a person consents to the act that damages her or him, there is generally no tort liability.

Comparative Negligence

Statute of limitations - The time limit (often 2 years from the date of discovering the harm) within which a particular type of lawsuit can be filed. After that time period, the plaintiff can no longer file a claim.

Question 25

What is a defense?

Answer 25

A reason offered by a defendant as to why the plaintiff should not recover damages.

Question 26

Evil/harmful motive is required in an intentional tort.

A.) True

B.) False

Answer 26

B.) False

Only the action needs to be intended - the natural consequence of the act is the possibility of injury ex. Jack pulling the chair out behind Bob as a joke - Bob needs surgery, Jack is liable for an intentional tort

Question 27

The 3 factors in intentional torts:

Answer 27

1. ) Tortfeasor must intend to commit an act
2. ) Consequences interfere with the interests of another.
3. ) Evil/harmful motive not required.

Question 28

What is an assault?

Answer 28

Any word or action intended to make another person fearful of immediate physical harm– a reasonably believable threat.

No motive is necessary, and the plaintiff can be compensated for emotional harm.

If you don’t actually see the threat, then it is not an assault - you didn’t know it was coming. Example from class of getting punched in the head while turned away.

Question 29

What is a battery?

Answer 29

Physical contact with another that is unexcused, harmful or offensive, and intentionally performed.

A physical injury does not need to occur.

Example:
Ivan threatens Jean with a gun and then shoots her. The pointing of the gun at Jean is an assault. The firing of the gun (if the bullet hits Jean) is a battery.

Question 30

An assault requires physical contact.

A.) True

B.) False

Answer 30

B.) False

Only a perceived threat or fear is necessary for there to be an assault.

A battery, on the other hand, requires physical contact.

Question 31

Does a battery require there to be a physical injury as a result of the physical contact?

Answer 31

No, physical injury is not required.

Question 32

A person can be charged with both assault and battery simultaneously.

A.) True

B.) False

Answer 32

A.) True

Question 33

What is false imprisonment?

Answer 33

The intentional confinement or restraint of another person’s activities without justification.

The confinement can be accomplished through the use of physical barriers, physical restraint, or threats of physical force.

Question 34

What is a reasonable force under false imprisonment?

Answer 34

Businesspersons may face suits for false imprisonment after they have attempted to confine a suspected shoplifter for questioning. Under the “privilege to detain” granted to merchants in most states, a merchant can use reasonable force to detain or delay a person suspected of shoplifting the merchant’s property. Although the details of the privilege vary from state to state, generally laws require that any detention be conducted in a reasonable manner and for only a reasonable length of time. Undue force or unreasonable detention can lead to liability for the business.

Question 35

What is the intentional infliction of emotional distress?

Answer 35

Extreme and outrageous conduct resulting in severe emotional distress to another.

To be actionable (capable of serving as the ground for a lawsuit), the conduct must be so extreme and outrageous that it exceeds the bounds of decency accepted by society.

Example:
A father attacks a man who has had consensual sexual relations with the father’s nineteen-year-old daughter. The father handcuffs the man to a steel pole and threatens to kill him unless he leaves town immediately. The father’s conduct may be sufficiently extreme and outrageous to be actionable as an intentional infliction of emotional distress.

Question 36

What amendment is the intentional infliction of emotional distress limited by?

Answer 36

The First Amendment - Freedom of Speech

This is limited in the case of public figures.

Example:
Hustler magazine once printed a fake advertisement that showed a picture of the Reverend Jerry Falwell and described him as having lost his virginity to his mother in an outhouse while he was drunk. Falwell sued the magazine for intentional infliction of emotional distress and won, but the United States Supreme Court overturned the decision. The Court held that creators of parodies of public figures are protected under the First Amendment from claims of intentional infliction of emotional distress. (The Court applied the same standards that apply to public figures in defamation lawsuits)

Question 37

What is defamation?

Answer 37

Anything published or publicly spoken that causes injury to another’s good name, reputation, or character.

Question 38

What are the two types of defamation?

Answer 38

Libel and slander

Question 39

What is libel?

Answer 39

Defamation in writing or another permanent form (such as a digital recording).

Question 40

What is slander?

Answer 40

Defamation in oral form (spoken).

Question 41

To establish defamation, a plaintiff normally must prove the following:

Answer 41

1. ) The defendant made a false statement of fact.
2. ) The statement was understood as being about the plaintiff and tended to harm the plaintiff’s reputation.
3. ) The statement was published to at least one person other than the plaintiff.
4. ) In addition, if the plaintiff is a public figure, she or he must prove actual malice.

Question 42

What is a statement of fact vs. a statement of opinion in regards to defamation?

Answer 42

Statements of opinion normally are not actionable because they are protected under the First Amendment. In other words, making a negative statement about another person is not defamation unless the statement is false and represents something as a fact.

Example:
Vickie’s statement “Lane cheats on his taxes,” if false, can lead to liability for defamation because it is a statement of fact. The statement “Lane is a jerk” cannot constitute defamation because it is clearly an opinion.

Question 43

What is the requirement of publication in regards to defamation?

Answer 43

Publication means that at least one other person heard or saw the statement. Otherwise, it cannot be considered defamation.

Question 44

What are the defenses to defamation?

Answer 44

The truth - absolute defense to defamation i.e. they did say it, therefore it’s a defense to slander.

Privileged communications/privilege to speak - i.e. something stated in court, good faith work document - thought to be the truth when spoken.

Public figures are considered fair game, and false and defamatory statements about them that appear in the media will not constitute defamation unless the statements are made with actual malice.

Question 45

What is the right to privacy?

Answer 45

A person has a right to solitude and freedom from prying public eyes—in other words, to privacy.

This right is implied by multiple amendments in the U.S. Constitution, but not actually stated.

Question 46

To have an invasion of the right to privacy, there must be:

Answer 46

1. An expectation of privacy and

2. Highly offensive invasion

Question 47

What is appropriation?

Answer 47

The use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the other.

i.e. Company uses a person to mimic Morgan Freeman’s voice in their commercials, and they act as though Freeman is endorsing their products. Morgan Freeman can sue for the tort of appropriation.

Question 48

What is fraudulent misrepresentation (Fraud)?

Answer 48

Any misrepresentation (misstatement or omission) of material fact, knowingly made with intent to deceive another and on which a reasonable person would and does rely on to his or her detriment.

–> Intentional deceit for personal gain.

Question 49

What is puffery?

Answer 49

A salesperson’s exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties.

Puffery vs. Fraud
i.e. this is the best used car in town v. this car has never been in an accident (if it has)

Question 50

What is a statement of fact vs. a statement of opinion in regards to fraud?

Answer 50

Statement of Fact vs. a Statement of Opinion

i.e. this car has 70,000 miles vs. this is the best used car in town

Question 51

What is negligent misrepresentation?

Answer 51

Misrepresentation negligently made (not fraud).
Typically occurs when a person owes a duty to another to give correct information.

Lazy, not paying attention to professional standards – can still be sued for this but it is not as bad as being sued for defrauding.

Question 52

What is wrongful interference with a contractual relationship?

Answer 52

1. ) Valid, enforceable contract exists between two parties.
2. ) Third-party knows about contract.
3. ) Third-party intentionally causes either party to breach the original contract.

Example:
Anne hires Berta on contract for 3 years
Anne pays Berta $100,000 a year

Chris wants Berta  going to pay 125,000 a year
Berta says she’s already In a contract
Chris will not take no for an answer
Offers $150,000
Now Berta says yes

Anne can sue Berta for breach of contract

Anne can sue Chris for tort of wrongful interference with a contractual relationship

Question 53

What is wrongful interference with a business relationship?

Answer 53

• Distinguish competition vs. predatory behavior.
  Predatory behavior is unlawfully driving competitors out of the market.
• To prevail, Plaintiff must show Defendant targeted only Plaintiff’s customers and products

Example:
Sell smoothies
Advertise for 50% a smoothie
Not selling
The other smoothie place is selling better
Goes over and hands out coupons by another smoothie shop
This is predatory marketing
The other smoothie place can sue for wrongful interference
- Must be able to show that only their customers were being targeted
- And they were damaged as a result

Question 54

What are defenses to wrongful interference?

Answer 54

Interference was justified or permissible (bona fide competitive behavior).

Example:
If Antonio’s Meats advertises so effectively that it induces Sam’s Restaurant to break its contract with Burke’s Meat Company, Burke’s will be unable to recover against Antonio’s Meats on a wrongful interference theory. After all, the public policy that favors free competition in advertising outweighs any possible instability that such competitive activity might cause in contractual relations.

Question 55

What are intentional torts against property?

Answer 55

Wrongful actions that interfere with individuals’ legally recognized rights with regard to their land or personal property.

Question 56

What is considered real property?

Answer 56

Land and anything permanently affixed thereto.

Question 57

What is considered personal property?

Answer 57

Movable property.

Question 58

What is trespass to land?

Answer 58

Occurs when a person, without permission:

1. ) Enters onto, above, or below the surface of land owned by another
2. ) Causes anything to enter onto land owned by another
3. ) Remains on land owned by another or permits anything to remain on it

Question 59

Harm to the land is required to be considered trespass to land.

A.) True

B.) False

Answer 59

B.) False

Actual harm to the land is not required.

Question 60

Before a person can be a trespasser, the real property owner must establish that person as a trespasser. How will they do this?

Answer 60

• “Posting” - Trespass signs
• The person on the property intends to commit a crime
• Damages

Question 61

What is the liability for harm regarding trespassing?

Answer 61

The reasonable duty of care standard - landowner may be liable for injuries sustained by trespassers.

Question 62

What is an attractive nuisance?

Answer 62

If it looks fun to a kid, we must take extra precautions because you can still be sued if the kid gets hurt.

Question 63

What are the defenses to trespass to land?

Answer 63

The trespass war warranted.

• Trespasser entered the property to assist someone in danger.
• License to come onto the land i.e. reading an electric meter
• — licenses are revocable by the property owner at any time.

Question 64

What is trespass to personal property?

Answer 64

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner’s possession of personal property.

i.e. Roommate’s car won’t start and you are still sleeping so he takes your car keys and heads to campus. You miss your final exam.

Question 65

What is conversion?

Answer 65

Wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another (civil theft).

i.e. The same roommate is going to be academically suspended and takes your car home to Ohio, not planning to return

Question 66

What’s the difference between trespass to personal property and conversion?

Answer 66

In conversion, there is a failure to ever return the goods. In other words, the property is fully converted over.

Question 67

If you only have trespass to personal property, it does not necessarily mean there is conversion.

A.) True

B.) False

Answer 67

A.) True

Question 68

Conversion usually occurs with trespass to personal property. There will usually be both if there is a conversion.

A.) True

B.) False

Answer 68

A.) True

Question 69

Can conversion occur even when a person mistakenly believes that she or he was entitled to the goods?

Answer 69

Yes, good intentions are not a defense against conversion.

Example:
Someone who buys stolen goods, for instance, can be sued for conversion even if he or she did not know that the goods were stolen. If the true owner of the goods sues the buyer and wins, the buyer must either return the property to the owner or pay the owner the full value of the property.

Question 70

What is disparagement of property?

Answer 70

Occurs when economically injurious falsehoods are made about another’s product or property, rather than about another’s reputation (as in the tort of defamation).

Slander of quality or slander of title

Question 71

What is slander of quality?

Answer 71

(trade libel): a false statement about another’s product that caused a third party to refrain from dealing with the plaintiff, causing financial loss.

i.e. competitor shoe store falsely accuses (and newspaper publishes story) that ABC Shoes sells shoes counterfeit goods (slander of quality) that are stolen (slander of title)

Question 72

What is slander of title?

Answer 72

False statement about legal ownership of another’s product resulting in financial loss.

For instance, a car dealer would have difficulty attracting customers if competitors publish a notice that the dealer’s stock consists of stolen automobiles.

Somebody says you don’t own it when you do.

Question 73

What is the unintentional tort of negligence?

Answer 73

Failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Question 74

What are the elements of negligence that the plaintiff must prove?

Answer 74

Duty – defendant owed a duty of care to the plaintiff
Breach – defendant breached the duty
Causation – defendant’s breach caused the injury
Damages – plaintiff suffered a legally recognizable injury

Question 75

What is the duty of care in regards to negligence?

Answer 75

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.

Question 76

In determining whether the duty of care has been breached, courts consider what 3 factors?

Answer 76

1. ) The nature of the act (whether it is outrageous or commonplace).
2. ) The manner in which the act was performed (cautiously versus heedlessly).
3. ) The nature of the injury (whether it is serious or slight).

Question 77

What is the duty of landowners?

Answer 77

To warn business invitees of risks - warning signs

Obvious risks are an exception

Question 78

What is the duty of professionals?

Answer 78

Professionals—such as physicians, dentists, architects, engineers, accountants, and lawyers—are required to have a standard minimum level of special knowledge and ability

The law takes their training and expertise into account.

If a professional violates her or his duty of care toward a client, the professional may be sued for malpractice, which is essentially professional negligence.

Question 79

What is the reasonable person standard?

Answer 79

How a person should act.

The standard of behavior expected of a hypothetical “reasonable person.” It is the standard against which negligence is measured and that must be observed to avoid liability for negligence.

To determine whether a duty of care has been breached, courts ask how a reasonable person would have acted in the same circumstances.

Question 80

What is malpractice?

Answer 80

Professional misconduct or the lack of the requisite degree of skill as a professional. Negligence on the part of a professional, such as a physician, is commonly referred to as malpractice

Question 81

What is causation in fact?

Answer 81

An act or omission without which an event would not have occurred.

The “but for” test - But for your actions, this wouldn’t have happened!!

Question 82

What two questions does the court ask to determine causation?

Answer 82

1. ) Is there causation in fact? - “But for” test

2. ) Was the act the proximate cause of the injury? - Was it foreseeable?

Question 83

What is proximate cause?

Answer 83

Legal cause. It exists when the connection between an act and an injury is strong enough to justify imposing liability.

• -> Was it foreseeable that the injury might result from that action? If so, then you might have a proximate cause.
• -> Think the Palsgraf v. Long Island Railroad Co. case

Question 84

For a tort to have been committed, the plaintiff must:

Answer 84

Have suffered a legally recognizable injury.

If no harm or injury results from a given negligent action, there is nothing to compensate—and no tort exists.

Example:
If you carelessly bump into a passerby, who stumbles and falls as a result, you may be liable in tort if the passerby is injured in the fall. If the person is unharmed, however, there normally cannot be a suit for damages because no injury was suffered.

Question 85

To recover damages (receive compensation), the plaintiff must:

Answer 85

have suffered some loss, harm, wrong, or invasion of a protected interest.

If no harm or injury results from a given negligent action, there is nothing to compensate—and no tort exists.

Example:
If you carelessly bump into a passerby, who stumbles and falls as a result, you may be liable in tort if the passerby is injured in the fall. If the person is unharmed, however, there normally cannot be a suit for damages because no injury was suffered.

Question 86

What are good samaritan statutes?

Answer 86

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly and cause further harm.

Question 87

What is dram shop acts?

Answer 87

A state statute that imposes liability on bar owners, as well as bartenders and social hosts who serve alcohol, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

Example:
Monica hosts a Super Bowl party at which Brett, a minor, sneaks alcoholic drinks. Monica is potentially liable for damages resulting from Brett’s drunk driving after the party, even if she was not negligent in serving the alcoholic beverages.

Question 88

What are the defenses to negligence?

Answer 88

1. ) assumption of risk,
2. ) superseding cause, and
3. ) contributory and comparative negligence.

Question 89

What is the defense to negligence, assumption of risk?

Answer 89

The person had knowledge of the risk and voluntarily assumes that risk.

A person at a baseball game assumes the risk of getting hit by a foul ball.

Question 90

What is the defense to negligence, superseding cause?

Answer 90

An unforeseeable intervening event may break the connection between a wrongful act and an injury to another. An unforeseeable intervening event may break the connection between a wrongful act and an injury to another.

Example:
While riding his bicycle, Derrick negligently hits Julie, who is walking on the sidewalk. As a result of the impact, Julie falls and fractures her hip. While she is waiting for help to arrive, a small plane crashes nearby and explodes, and some of the fiery debris hits her, causing her to sustain severe burns. Derrick will be liable for Julie’s fractured hip because the risk of hitting her with his bicycle was foreseeable. Normally, though, Derrick will not be liable for the burns caused by the plane crash, because the risk of a plane’s crashing nearby and injuring Julie was not foreseeable.

Can also think of the weird golfer example - getting struck by lightning

Question 91

What is contributory negligence?

Answer 91

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the harm suffered is partly the plaintiff’s own fault.

If both are partially at fault. no one recovers any damages.

Question 92

What is comparative negligence?

Answer 92

A rule in tort law, used in the majority of states, that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely.

Damages determined based on % of the negligence of each party

• Pure Form - plaintiff recovers percent that the other party was at fault
• 50% Rule - the plaintiff may not recover if more than 50% at fault

Question 93

Roger and Lisa are in an automobile collision as a result of Roger running a stop sign. However, Lisa was driving slightly faster than the posted speed limit and multiple experts testified at the trial that there would have been no collision if she had been driving the speed limit. Roger’s damages amount to $10,000. Lisa’s damages amount to $1,000. A trial results in the determination that Roger is 90% at fault and Lisa is 10% at fault.

How much would Roger recover:
If the state follows the “pure form” of comparative negligence?

Answer 93

10% x $10,000 = $1,000

Pure Form – plaintiff recovers the percent that the other party was at fault

Question 94

Roger and Lisa are in an automobile collision as a result of Roger running a stop sign. However, Lisa was driving slightly faster than the posted speed limit and multiple experts testified at the trial that there would have been no collision if she had been driving the speed limit. Roger’s damages amount to $10,000. Lisa’s damages amount to $1,000. A trial results in the determination that Roger is 90% at fault and Lisa is 10% at fault.

How much would Roger recover:
If the state follows the common law doctrine of contributory negligence?

Answer 94

$0

Contributory negligence:
the doctrine that completely bars a plaintiff from recovering damages if the plaintiff is at all at fault

Question 95

Roger and Lisa are in an automobile collision as a result of Roger running a stop sign. However, Lisa was driving slightly faster than the posted speed limit and multiple experts testified at the trial that there would have been no collision if she had been driving the speed limit. Roger’s damages amount to $10,000. Lisa’s damages amount to $1,000. A trial results in the determination that Roger is 90% at fault and Lisa is 10% at fault.

How much would Roger recover:
If the state follows the “50% rule” of comparative negligence?

Answer 95

$0

He is more than 50% at fault.

Calculate just as you do in pure form, but if you are more than 50% at fault, you do not recover any damages.

Question 96

Roger and Lisa are in an automobile collision as a result of Roger running a stop sign. However, Lisa was driving slightly faster than the posted speed limit and multiple experts testified at the trial that there would have been no collision if she had been driving the speed limit. Roger’s damages amount to $10,000. Lisa’s damages amount to $1,000. A trial results in the determination that Roger is 90% at fault and Lisa is 10% at fault.

How much would Lisa recover:
If the state follows the “pure form” of comparative negligence?

Answer 96

90% x $1,000 = $900

Pure Form – plaintiff recovers the percent that the other party was at fault

Question 97

Roger and Lisa are in an automobile collision as a result of Roger running a stop sign. However, Lisa was driving slightly faster than the posted speed limit and multiple experts testified at the trial that there would have been no collision if she had been driving the speed limit. Roger’s damages amount to $10,000. Lisa’s damages amount to $1,000. A trial results in the determination that Roger is 90% at fault and Lisa is 10% at fault.

How much would Lisa recover:
If the state follows the common law doctrine of contributory negligence?

Answer 97

$0

Contributory negligence:
the doctrine that completely bars a plaintiff from recovering damages if the plaintiff is at all at fault

Question 98

Roger and Lisa are in an automobile collision as a result of Roger running a stop sign. However, Lisa was driving slightly faster than the posted speed limit and multiple experts testified at the trial that there would have been no collision if she had been driving the speed limit. Roger’s damages amount to $10,000. Lisa’s damages amount to $1,000. A trial results in the determination that Roger is 90% at fault and Lisa is 10% at fault.

How much would Lisa recover:
If the state follows the “50% rule” of comparative negligence?

Answer 98

She is less than 50% at fault, therefore, she gets the percent of damages that she did not cause:

90% x $1,000 = $900

Calculate just as you do in pure form, but if you are more than 50% at fault, you do not recover any damages.

Question 99

What is strict liability?

Answer 99

Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods

Liability without fault.

• Abnormally Dangerous Activities
• Wild Animals
• Product Liability

Example:
ABC inc. builds demolition, using explosives to demolish a building
- Something went wrong and someone was injured
- Even though we did exactly what we should have
- Because we’re engaged in dangerous activities, we are liable