Tort Law 6.3

Contributory Negligence

A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions. No matter how insignificant the plantiffs negligence was relative to the defendants negligence, the plantiffs preculded from recovering any damages

Comparative Negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

An attorney's courtroom conduct would be judged by the reasonable person standard if that attorney was sued for negligently representing a client.

False

You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages.

False

The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeasor does NOT wish to bring about the consequence of the act, nor does she or he believe it will occur.

True

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

True

(blank) statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations. (blank) -shop acts impose liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.

Good Samaritan, Dram

Which of the following is NOT an element of negligence?

Intent

Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?

Was there intent?

A breach of the duty of care can be (blank) or (blank)

an act, an omission

Those who enter retail premises are called business (blank) Storeowners must warn business invitees of (blank) risks. A landowner has a duty to discover and remove any (blank) dangers to customers or other invitees. When risks are (blank), owners need not warn of them.

invitees, foreseeable, hidden, obvious

Assumption of risk does NOT require:

seeking out the riskiest activities.

An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.

true