Torts - Negligence

Question 0

Nonfeasance

Answer 0

Failing to act.

Question 1

Misfeasance

Answer 1

Acting in an improper or wrongful way.

Question 2

Res ipsa loquitur

Answer 2

“The thing speaks for itself”; the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.

Question 3

Actual cause

Answer 3

Also known as cause in fact, this is measured by the “but for” standard: But for the defendant’s actions, the plaintiff would not have been injured.

Question 4

Market share theory

Answer 4

A legal theory that allies plaintiffs to recover proportionately from a group of manufacturers when the identity of the specific manufacturer responsible for the harm is unknown.

Question 5

Proximate cause

Answer 5

Once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.

Question 6

Contributory negligence

Answer 6

Negligence by the plaintiff that contributed to his or her injury. Normally, it is a complete bar to the plaintiff’s recovery.

Question 7

Last clear chance

Answer 7

The doctrine that states that despite the plaintiff’s contributory negligence, the defendant should still be liable if the defendant was the last one in a position to avoid the accident.

Question 8

Assumption of the risk

Answer 8

Voluntarily and knowingly subjecting oneself to danger.

Question 9

Exculpatory clause

Answer 9

A provision that purports to waive liability.

Question 10

Comparative negligence

Answer 10

A method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate sharing of the compensation for the injuries.

Question 11

Recklessness

Answer 11

Disregarding a substantial and unjustifiable risk that harm will result.