Torts

Question 1

Negligence

Answer 1

A plaintiff must prove that the defendant owed plaintiff a duty of care, breached that duty, the breach was the actual and proximate cause of plaintiff’s injury, and plaintiff suffered actual damages.

Question 2

Duty

Answer 2

One owes a duty to exercise reasonable care to foreseeable plaintiffs.

Question 3

Breach

Answer 3

Breach occurs when a defendant’s conduct fails to conform with how a reasonably prudent person would act when engaging in that activity.

Question 4

Causation

Answer 4

Actual cause is present when, but for the defendant’s breach, plaintiff’s injury would not have occurred. Proximate cause is present if the injury is a direct foreseeable result of the defendant’s conduct.

Question 5

Children are held to the same standard of care as someone of their similar ____, ____, and _____. Children under four do not have capacity to be negligent.

Answer 5

Children are held to the same standard of care as someone of their similar age, intelligence, and experience. Children under four do not have capacity to be negligent.

Question 6

Under common law, a party could not recover if their ________ was found to contribute to their injury. However the modern approach is simply to _______ recovery by _____ ______ between the parties. Partial comparative negligence bars recovery if plaintiff is more than ______ at fault.

Answer 6

Under common law, a party could not recover if their negligence was found to contribute to their injury. However the modern approach is simply to reduce recovery by apportioning fault between the parties. Partial comparative negligence bars recovery if plaintiff is more than 50% at fault.

Question 7

When does a criminal statute establish a standard of care? What does negligence per se establish?

Answer 7

A statute providing for criminal penalties may establish a duty to replace the more general duty of care in negligence case. The statute will apply if it is designed to prevent the type of harm suffered by the plaintiff and the plaintiff is within the protected class that the statute is intended to protect.

An unexcused violation of a statutory standard of care is negligence per se, which established both duty and breach.