Torts

Question 1

Standard of Care for Children who do Adult Things

Answer 1

When a child engages in potentially dangerous activity that is normally one that only adults engage in, he is required to conform to the same standard of care as an adult in such activity.

Question 2

Standard of Care for Children (normally)

Answer 2

Child must conform to the standard of care of a child of like age, intelligence, and experience

Question 3

Proximate Cause

Answer 3

Limitation of liability. It deals with liability or nonliability for unforeseeable or unusual consequences of one’s acts. D must also be the proximate cause of the injury for D to be held liable.

Question 4

Avoidable Consequences

Answer 4

D can raise this doctrine if an injured party neglects to take available steps to treat personal injuries inflicted by D. P owes a duty to mitigate damages to person/ property after the damage is inflicted.

Question 5

Last Clear Chance

Answer 5

Permits P to recover damages despite her contributory negligence

Question 6

Pure Comparative Negligence

Answer 6

P can recover no matter how much her fault was. When there are multiple D’s, P’s negligence is compared with the combined negligence of all the D to determine whether she can recover

Question 7

Joint and Several Liability

Answer 7

P can recover all of her damages from either of the Ds. If it were abloshed, she could only recover from a D in the amount of damages proportional to his fault.