Torts - MEE Flashcards
In an actio for negligence, the p must prove that the D owed the P a duty of care, the D breached that duty, the breach was the ______ of the P’s injuries, and the P suffered damages
actual and proximate
Duty is owed to ____ plaintiffs
foreseeable P
X person was tenatn’s guest therefore was a foreseeable platinff to whom tenant owed ___
A DUTY OF CARE
the jury could find that tenant breached that duty when she failed to take precautions that a reasonably prudent person would take when ______
doing X action (the neglient conduct)
Then describe what the person could have done differently that would have been reasonable
Tenant’s conduct was the actual and proximate cause of ______
the injuries
Under modern comparative negligence rules, Newphew’s negligence would ________ recovery from tenant
reduce
Under comaprative negligence, fault is approportioned
between the parties
The P’s percentage share of fault reduces his damage award by that percentage
Unlike a pure comparative negligence approach, jdx that apply partial comparative negligence approach prohibti recovery for plaintiffs who are_____
more than 50% at fault
A statute providing for criminal penalties may establish a specific duty that will replace the more general duty of care in
negligence cases
the statute will apply if it was (1) designed to prevent the type of harm suffered by the plaintiff, and (2) the plaintiff is within the ____
protected class
in most jdx, an unexcused violation of a statutory standard of care is negligence per se, meaning that it can establish ____ and _____
duty and breach
proximate cause exists in indirect cases only if the defendant’s negligence caused a ___ reaction from an intervening force
foreseeable
intervening forces that produce a harm OUTSIDE the scope of what one would normally anticipate from the defendant’s negligence are generally deemed ______
unforseeable and superseding
a superseding event will ___ the chain of causation and ____ the defendant of liability
break
relieve
partial comparative negligence jdx typically use a _____approach when multiple defendants have contributed to P’s injury
“combined comparison”
An activity may be characterized as abnormally dangerous if it involves a _______ of serious harm to person or property even when ______
substantial risk
reasonable care
Whether an activity is abnormally dangerous is a question of _____ that the court can decide on a question for directed verdict
law
Courts generally impose two requirements to find an activity to be abnormally dangerous:
(1) the activity creates a _______ of serious harm even when reasonable care is exercised, and (2) the activity is not a matter of _____ in the community
foreseeable risk
common usage
The issue is whether the firewords company’s compliance with all applicable regulations establishes as a matte rof law that the company was _____
not negligent
The issue is whether the misfiring motar is a ____ of the husband’s injuries
proximate cause
The general rule of proximate cause is that the D is liable for all harmful results that are the ____ of and within the increased risk caused by his acts
normal incidents
if a particular harmful result was at all foreseseable from the defendatn’s negligent conduct, the unusual manner in which the injury occured is _____ to the D’s liability
irrelevant
a defendant is liable if he negligently puts a ____ in peril and the P is injured in trying to save that person
third party
Even though the husband’s injury occured in an unusual manner, a jury could find that the misfiring of the mortar was the ______ of the husband’s injuries
proximate cause
The issue is whether the homeowner’s association could be _____ for the conducdt of the independent contractor
vicariously liable
generally, a principal will ____ be held liable for the tortrious acts of independnt contractors
not
one exception to the rule above is when a contractor is engaged in _____activities
inherently dangerous
an inherently dangerous activity doesn’t have to be abnormally dangerous - it just has to be one in which there are special dangers to others inherent in the activity
a person who is a professional is required to possess and exercise the knolwedge and skill of a member of the profession or occupatoin in good standing
for doctors, most courts will apply a ____ standard of care to evlauate their conduct
As part of this standard of care, a doctor proposing a course of treatment has a duty to provide the patient with enough info about its risks to enable the patient to make _________ to the treatment
national
an informed consent
a product can be the basis for a product liability action when it is in a defective condition ___ to users
unreasonably dangerous
when a product as supplied is different than the way it should have been supplied, it is characterized as a _____
and the product will be deemed defective if it was dangerous beyond the expectations of the _______
MANUFACTURING DEFECT
ordinary consumer
a products liability action based on strict liability applies to ______ commercial supplier, including a ____ of a defective product
ANY
retailer
