Chapter 6

Question 1

Negligence 140

Answer 1

failing to exercise the care that a reasonable and prudent person exercises under the same or similar circumstances.

Question 2

Proximate Cause

Answer 2

An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.

Question 3

Liable 141

Answer 3

Obligation to pay money damages as compensation… if negligence is the proximate cause of injuries to others.

Question 4

Cause in Fact 143

Answer 4

was the negligence a cause of the injury…“But For” test… “but for the negligent conduct of… would the injuries have occurred?”

Question 5

Res Ipsa Loquitur 151

Answer 5

Usually in a case the plaintiff starts and then the defendant goes. Res Ipsa Loquitur is a rare case where a judge decides that it is better to reverse this order and to presume that the defendant was negligent and require that the defendant put on evidence that he was not negligent if he can.

Question 6

Strict Liability 160

Answer 6

liability without fault or regardless of fault…..imposes liability without proof of negligence or fault