Unit 4 - Unintentional Torts

Question 1

The duty not to injure another person

Answer 1

Duty of care

Question 2

A standard of care used to measure acts of negligence

Answer 2

Reasonable person

Question 3

A cause of injury directly related to an act of a defendant

Answer 3

Causation or “proximate cause”

Question 4

Responsibility for loss regardless of the circumstances

Answer 4

Strict liability

Question 5

The liability at law of one person for the acts of another

Answer 5

Vicariously liable

Question 6

True or false: The tort of negligence requires the proof of the defendant’s “intention” to harm.

Answer 6

False - if there is intention to harm, then it is likely another tort applies (assault, battery, trespass, etc.)

Question 7

What is meant by “res ipsa loquitur”?

Answer 7

“The thing speaks for itself”

Question 8

Interference with the enjoyment of real property or, in some cases, material interference with a person’s physical comfort.

Answer 8

Nuisance

Question 9

An equitable remedy of the court that orders the person or persons named therein to refrain from doing certain acts.

Answer 9

Injunction

Question 10

What does “volenti non fit injuria”

Answer 10

The voluntary assumption of risk