Torts - MEE

Question 1

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

Answer 1

actual and proximate

Question 2

Duty is owed to ____ plaintiffs

Answer 2

foreseeable P

Question 3

X person was tenatn’s guest therefore was a foreseeable platinff to whom tenant owed ___

Answer 3

A DUTY OF CARE

Question 4

the jury could find that tenant breached that duty when she failed to take precautions that a reasonably prudent person would take when ______

Answer 4

doing X action (the neglient conduct)

Then describe what the person could have done differently that would have been reasonable

Question 5

Tenant’s conduct was the actual and proximate cause of ______

Answer 5

the injuries

Question 6

Under modern comparative negligence rules, Newphew’s negligence would ________ recovery from tenant

Answer 6

reduce

Question 7

Under comaprative negligence, fault is approportioned

Answer 7

between the parties

The P’s percentage share of fault reduces his damage award by that percentage

Question 8

Unlike a pure comparative negligence approach, jdx that apply partial comparative negligence approach prohibti recovery for plaintiffs who are_____

Answer 8

more than 50% at fault

Question 9

A statute providing for criminal penalties may establish a specific duty that will replace the more general duty of care in

Answer 9

negligence cases

Question 10

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 ____

Answer 10

protected class

Question 11

in most jdx, an unexcused violation of a statutory standard of care is negligence per se, meaning that it can establish ____ and _____

Answer 11

duty and breach

Question 12

proximate cause exists in indirect cases only if the defendant’s negligence caused a ___ reaction from an intervening force

Answer 12

foreseeable

Question 13

intervening forces that produce a harm OUTSIDE the scope of what one would normally anticipate from the defendant’s negligence are generally deemed ______

Answer 13

unforseeable and superseding

Question 14

a superseding event will ___ the chain of causation and ____ the defendant of liability

Answer 14

break

relieve

Question 15

partial comparative negligence jdx typically use a _____approach when multiple defendants have contributed to P’s injury

Answer 15

“combined comparison”

Question 17

An activity may be characterized as abnormally dangerous if it involves a _______ of serious harm to person or property even when ______

Answer 17

substantial risk

reasonable care

Question 18

Whether an activity is abnormally dangerous is a question of _____ that the court can decide on a question for directed verdict

Answer 18

law

Question 19

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

Answer 19

foreseeable risk

common usage

Question 20

The issue is whether the firewords company’s compliance with all applicable regulations establishes as a matte rof law that the company was _____

Answer 20

not negligent

Question 21

The issue is whether the misfiring motar is a ____ of the husband’s injuries

Answer 21

proximate cause

Question 22

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

Answer 22

normal incidents

Question 23

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

Answer 23

irrelevant

Question 24

a defendant is liable if he negligently puts a ____ in peril and the P is injured in trying to save that person

Answer 24

third party

Question 25

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

Answer 25

proximate cause

Question 26

The issue is whether the homeowner’s association could be _____ for the conducdt of the independent contractor

Answer 26

vicariously liable

Question 27

generally, a principal will ____ be held liable for the tortrious acts of independnt contractors

Answer 27

not

Question 28

one exception to the rule above is when a contractor is engaged in _____activities

Answer 28

inherently dangerous

Question 29

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

Question 30

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

Answer 30

national

an informed consent

Question 31

a product can be the basis for a product liability action when it is in a defective condition ___ to users

Answer 31

unreasonably dangerous

Question 32

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 _______

Answer 32

MANUFACTURING DEFECT

ordinary consumer

Question 33

a products liability action based on strict liability applies to ______ commercial supplier, including a ____ of a defective product

Answer 33

ANY
retailer