Test Tort Flashcards
What is the correct standard of care in extraordinary circumstances?
Reasonable care under those circumstances
Extraordinary circumstances include situations like a violent storm, no visibility, or slippery roads.
Fill in the blank: The correct standard of care is ______ under extraordinary circumstances.
reasonable care
True or False: The standard of care changes based on the circumstances.
True
The standard of care is adjusted to be reasonable based on the specific circumstances at hand.
What is the primary question to ask when evaluating a defendant with a major disability?
Would a reasonable defendant with that disability have acted the same?
Provide an example of a disability that would affect reasonable actions.
Blind people do not drive cars.
Fill in the blank: When assessing a defendant’s actions, consider their _______.
[major disability]
True or False: The actions of a defendant with a disability are judged the same as those without disabilities.
False
What is a key element to consider in legal cases involving disabilities?
The reasonableness of the defendant’s actions given their disability.
What type of individual will be present when examiners are testing on the adult activity rule?
A teenager
What type of individual will be present when examiners are testing on the child standard of care?
A younger child
What is the significance of the adult activity rule in examinations?
It assesses the behavior and responsibilities of a teenager
What is the significance of the child standard of care in examinations?
It assesses the behavior and responsibilities of a younger child
Fill in the blank: You will see a _______ when the examiners are testing on the adult activity rule.
teenager
Fill in the blank: You will see a _______ when the examiners are testing on the child standard of care.
younger child
What phrase will examiners use to indicate they are testing on special duty rules for landowners?
“under the traditional liability rules for landowners”
What is the significance of the phrase used by examiners regarding landowners?
It indicates a focus on special duty rules for owners and occupiers of land.
What must be understood when the exam question begins with ‘under the traditional liability rules for landowners’?
It signals the need to apply special duty rules for landowners.
Fill in the blank: The examiners will preface the question with ‘_________’ if they are testing on special duty rules for owners and occupiers of land.
‘under the traditional liability rules for landowners’
What is the Eggshell Plaintiff Rule?
If defendant is liable for some injury to plaintiff, defendant is liable for all of the plaintiff’s physical injury damages
This rule emphasizes that the defendant is responsible for the full extent of the plaintiff’s injuries, even if those injuries were not foreseeable.
What does it mean that ‘The extent of the plaintiff’s harm need not be foreseeable’?
Defendant is liable for all damages regardless of foreseeability
This highlights that the defendant cannot argue that the severity of the plaintiff’s injuries was unexpected.
What does ‘The defendant takes the plaintiff as she finds him’ imply?
The defendant is responsible for all injuries, considering the plaintiff’s unique vulnerabilities
This phrase reinforces the principle that the defendant’s liability is based on the actual condition of the plaintiff at the time of the injury.
Who is subject to strict liability actions for defective products?
Only commercial suppliers of defective products
This means that manufacturers and regular sellers who deal in goods are held to a higher standard than casual or one-time sellers.
What can a one-time seller of a product be sued for?
Negligence
A one-time seller does not face strict liability but can be held accountable if they acted negligently in the sale of the product.
What is one defense to strict products liability?
Plaintiff’s failure to establish prima facie case
A prima facie case is the establishment of a legally required rebuttable presumption.
