Practice Set 1

Question 1

What level of care are common carriers and innkeepers required to exercise?

Answer 1

1. At Common Law, duty of utmost care

2. Modern times, just duty of reasonable care consistent with the practical operation of the business

Question 2

What are the elements of contributory negligence?

Answer 2

1. Plaintiff fails to exercise reasonable care, AND

2. Failure contributes to its own injury

Question 3

What are the elements to the Last Clear Chance counter-defense against contributory negligence?

Answer 3

Last clear chance to avoid injuring the plaintiff

1. Defendant knew / should know plaintiff was helpless and could avoid harming it but didn’t
2. Defendant had actual knowledge of plaintiff’s inattention

Question 4

What are the traditional elements of res ipsa loquitor?

Answer 4

1. The accident doesn’t ordinarily occur without negligence
2. It was caused by an agent or instrumentality within the exclusive control of the defendant (modern trends interpret this loosely); AND
3. It was not due to any action on the part of the plaintiff

Question 5

What is the test for negligence if (1) two or more causes contributed to an indivisible injury, and (2) each alone could have in fact caused the injury?

Answer 5

Whether the defendant’s tortious conduct was a substantial factor in causing the plaintiff’s harm

Question 6

What is the default defenses to negligence?

Answer 6

Pure comparative negligence

Question 7

Who can be liable for strict products liability suits?

Answer 7

1. Business of selling product - chain of distribution, ie: manufacturer, distributor, retailers
2. Seller of component part if (a) participates in integration + (b) integration = substantial cause
3. Lessor of commercial product

Question 8

What are the defenses to strict liability?

Answer 8

1. In some states, comparative fault
2. Assumption of risk
3. Statutory privilege

Question 9

What is joint and several liability?

Answer 9

Each of two or more tortfeasors who is found liable for a single and indivisible harm to the plaintiff is subject to liability to the plaintiff for the entire harm

Question 10

What is pure several liability?

Answer 10

Each tortfeasor is liable only for his proportionate share of the plaintiff’s damages

Question 11

What is required for a public figure to show defamation?

Answer 11

The plaintiff must prove that the activist acted with actual malice, which means that either (1) defendant knew the statement was false or (2) acted with reckless disregard as to the truth or falsity of the statement