Negligence

Question 0

Actual cause - chapter 6

Answer 0

Part of causation

But for test - but for defendants negligence plaintiff would not have been injured.

Substantial factor test - 2 or more concurrent or successive events combine to Cause the plaintiffs injury and each of then is a substantial factor in producing the injury

Burden of proof - plaintiff bears burden of proof except: alternate liability, market share, concerted action

Question 1

4 elements of negligence

Answer 1

1. Duty
2. Breach
3. Causation
4. Damage

Question 2

Assumption of risk - chapter 8 defenses

Answer 2

Plaintiff volunteers to take the chance that harm will occur

Question 3

Attractive nuisance - chapter 4 duty

Answer 3

Children who trespass entitled to grater protection than adults. Possessor liable if maintains dangerous condition.

Owner has no responsibility if he/she has no knowledge of children trespassing.

Question 4

Breach of duty - chapter 5

Answer 4

Did not full fill duty

Breach of duty requires determination of the relevant standard of care

Look at defendants conduct. Recognizes risks created by his actions of omissions

Question 5

Collateral source rule - chapter 7 damages

Answer 5

Double recovery

Plaintiff entitled to recover damages for lost wages and payments for medical care.

Question 6

Comparative negligence - chapter 8 defenses

Answer 6

Alternative to all-or-nothing approach of contributory negligence system

Question 7

Types of comparative negligence

Answer 7

Pure
50% approach
Not as great as
Not greater than

Question 8

Compensatory damages - chapter 7 damages

Answer 8

Compensate victim/restore to position prior to injuries.

Includes medical expenses, property loss

Question 9

Exemplary damages - chapter 7 damages

Answer 9

Intent is to punish

Negligence cases; outrageous conduct I.e. OJ Simpson

Question 10

General damages - chapter 7 damages

Answer 10

Result from conduct engaged in by defendant

Pain and suffering

Question 11

Immunity - chapter 8 defenses

Answer 11

Governmental - federal and state

Inter-spousal - husband and wife were 1 entity and could not therefore sue each other

Question 12

Intervening cause - chapter 6 causation

Answer 12

Anything that occurs after the defendants negligent act and that contributes to the plaintiffs injury

I.e. Back is injured at work then goes home but gets rear ended - intervening causes

Question 13

Last-clear-chance-doctrine - chapter

Answer 13

The thing that speaks for itself? Res ipsa loquitor?

Question 14

Negligence - chapter

Answer 14

Carelessness

Question 15

Nominal damages - chapter 7 damages

Answer 15

Very small damages awarded to show that the loss or harm suffered was technical rather than actual

Question 16

Proximate cause - chapter 6 causation

Answer 16

Defendant proximately caused the injury.

Elements: foreseeability

Question 17

Rescue doctrine - chapter 4 duty

Answer 17

Anyone who negligently causes harm to person or property may be liable to injured part in an effort to rescue the imperiled person or property

Question 18

Respondent superior - chapter

Answer 18

Vicarious liability

Employer is responsible for the actions of the employees performed within the course of their employment.

Question 19

Statute of limitations - chapter 8 defenses

Answer 19

Time in which an action can be brought . Protects individuals from defending stale claims

Question 20

Superseding cause - chapter

Answer 20

Same as intervening cause which is an event which occurs after the initial act leading to an incident

Question 21

Survival action - chapter

Answer 21

Filed when victim is injured by another’s negligence but does not die from the injuries until some time later

Question 22

Wrongful death action - chapter 7 damages

Answer 22

Third persons can recover for losses sustained as a result of the decedents death

Children or spouses