Torts workshop missed

Question 1

Does res ipsa loquitur apply when more than one parry may have been on control of the instrumentality that caused the injury?

Answer 1

no

Question 2

Res ipsa loquitur creates a ______ case for _____.

Answer 2

prima facie

negligence

Question 3

Does a duty to warn a licensee extend to dangerous conditions that the licensee should reasonably have discovered?

Answer 3

no

Question 4

How may a statute be used to establish a standard of care in a negligence case?

Answer 4

Proving the statute imposes a specific duty instead of a more general common law “duty of care.”

Question 5

When a statutory standard of care is otherwise established in a negligence case, when may violation of that statute be excused?

Answer 5

When compliance would cause more damage than the violation

OR

where compliance would be beyond the defendant’s control.

Question 6

To what behavior is contributory negligence no defense?

Answer 6

reckless and wanton behavior

Question 7

When is a defendant not strictly liable for engaging in certain activities?

Answer 7

when the dangerous propensities of those activities are not what caused the plaintiff’s injuries.