Chapter 7

Question 1

Duty of Due Care

Answer 1

Each of us has a duty to behave as a reasonable person would under the circumstances

Question 2

Factual Cause

Answer 2

The defendants conduct actually caused the injury

Question 3

Proximate Cause

Answer 3

It was foreseeable that conduct like the defendants might cause this type of harm

Question 4

Breach

Answer 4

The defendant breached her duty of care or failed to meet her legal obligations

Question 5

Negligence

Answer 5

Concerns harm that arises by accident

Question 6

Dram Act

Answer 6

A law hat makes businesses liable for serving drinks to intoxicated customers who later cause harm

Question 7

Licensee

Answer 7

A person on another’s land for her own purposes but with owners permission

Question 8

Invitee

Answer 8

Highest Liability- A person who has a right to enter anothers property because it is a public place or a business open to the public.

Question 9

Negligence Per Se

Answer 9

When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people, and a violation of the statute injures a member of that group, the defendant has committed this.

Question 10

Res ipsa loquitur

Answer 10

The facts imply that the defendants negligence caused the accident

Question 11

Defenses toward negligence

Answer 11

1. Contributory negligence- if the plaintiff is even slightly negligent, the plaintiff recovers nothing
2. Comparative negligence- Plaintiff may generally recover even if partially responsible
3. Assumption of Risk- The Plaintiff knowingly/willingly entered into a situation that has obvious danger

Question 12

Strict Liability

Answer 12

A branch of tort law that imposes a much higher level of liability when harm results from ultra hazardous acts of defective products

Question 13

Ultra hazardous activity

Answer 13

A defendant engaging in an ultra hazardous activity is almost always liable for any harm that results