Torts MEE Rules

Question 1

What does a prima facie case of negligence require:

Answer 1

Proof of duty, breach of that duty, causation, and damages

Question 2

A duty of care is owed to:

Answer 2

all foreseeable persons who may foreseeably be injured by the defendant’s failure to act as a reasonable person of ordinary prudence under the circumstances

Question 3

What duty does a professional person owe?

Answer 3

Expected to exhibit the same skill, knowledge, and care as an ordinary practitioner in the same community

Question 4

Who may be liable under a strict products liability theory?

Answer 4

The manufacturer, retailer, or any other distributer

Question 5

What must a plaintiff prove for a strict products liability claim?

Answer 5

(1) the product was defective (in manufacture, design, or failure), (2) the defect existed at the time the product left the defendant’s control, and (3) the defect caused the plaintiff’s injuries when the product was used in an intended or reasonably foreseeable way

Question 6

What is a manufacturing defect?

Answer 6

A deviation from what the manufacturer intended the product to be that causes harm to the plaintiff - consider whether the product conforms to the defendant’s own specifications

Question 7

What does the implied warranty of merchantability warrant?

Answer 7

It warrants that the product being sold is generally acceptable and reasonably fit for the ordinary purposes for which it is being sold

Question 8

The burden is upon who to prove that the specific defendant caused plaintiff’s injuries?

Answer 8

The plaintiff

Question 9

Under the market share liability doctrine:

Answer 9

if the plaintiff’s injuries are caused by a fungible product and it is impossible to identify which defendant placed the harmful product into the market, the jury can apportion liability based on each defendant’s share of the market

Question 10

Under the alternative liability doctrine:

Answer 10

if the plaintiff’s harm was caused by (1) one of a small number of defendant’s, (2) each of whose conduct was tortious, and (3) all of whom are present before the court, then the court may shift the burden of proof to each individual defendant to prove that his conduct was not the cause in fact of the plaintiff’s harm.

Question 11

Under the concert of action doctrine:

Answer 11

if two or more tortfeasors were acting pursuant to a common plan or design and the acts of one or more of them tortuously cause the plaintiff’s harm, then ALL defendant’s will be held jointly and severally liable

Question 12

To be subject to strict liability:

Answer 12

a defendant must be in the business of selling or otherwise distributing the product

Question 13

When is a defendant’s contact intentional?

Answer 13

If he acts with a desire to bring about the contact or engages in an action knowing that contact is substantially certain to occur.

Question 14

In determining whether a specific precaution was warranted, a jury must:

Answer 14

weigh the probability and gravity of the injury against the burden of taking such precautions

Question 15

Vicarious liability is:

Answer 15

a form of strict liability in which one person is liable for the negligent actions of another

Question 16

An employer is liable for the tortious conduct of an employee:

Answer 16

that is within the scope of employment

Question 17

Can custom be considered in establishing the standard of care?

Answer 17

Yes but it is not conclusive.

Question 18

Eggshell Plaintiff Rule

Answer 18

The defendant is liable for the full extent of the plaintiff’s injuries due to the plaintiff’s preexisting physical or mental condition or vulnerability, even if the extent is unusual or unforeseeable.

Question 19

An activity is considered abnormally dangerous if:

Answer 19

it creates a foreseeable and highly significant risk of physical harm even in the exercise of reasonable care, and the exercise is not commonly engaged in
(blasting, explosives)

Question 20

Negligence per se is:

Answer 20

the unexcused violation of a statutory standard of care

Question 21

A person who comes to the aid of another is:

Answer 21

a foreseeable plaintiff, even if the individual was negligent in rushing to the aid of another.

Question 22

Employers and Non-Delegable Duty

Answer 22

The person who hires an independent contract remains vicariously liable for certain conduct, including inherently dangerous activities and non-delegable duties.