Smartbook- Topic 11 Negligence

loss of consortium

Damages allowed for spouses or children of parties injured by negligence are called ________ damages. strict liability loss of consortium punitive nominal

tortfeasor

The ______ must prove the elements of the defense of assumption of the risk. judge injured party tortfeasor jury

damages

Medical bills, lost wages, and pain and suffering are examples of: ______. bad luck strict liability damages causation

injured

The _________ party must prove all elements of negligence to be successful.

foreseeability

Most courts favor defining the scope of risk in negligence cases by: ______. accountability foreseeability practicability responsibility

-But-for test

Most courts use which test when establishing a causal link between breach of duty and damages? -Strict scrutiny test -Absolute liability test -Smell test -But-for test

-negligence per se

Violations of safety statutes are referred to as: ______. -dram shop laws -negligence per se -strict liability -res ipsa loquitur

-Duty, breach, cause in fact, legal cause, and damages

Which of the following are elements of negligence? -Duty, breach, legitimate cause, actual cause, and damages -Obligation, violation, illegal action, notable cause, and damages -Duty, breach, cause in fact, legal cause, and damages -Obligation, breach, probable cause, false cause, and damages

Cause in fact

Which of the following describes the link between the breach of standard of care and the damages suffered by the injured party? Cause in fact Causal commotion Cause and effect Probable cause

Overly broad

Which of the following is a limitation of the but-for test? Practicality Overly narrow Overly broad Costly

-reasonableness

Courts use a __________ standard to determine whether landowners should have acted to prevent a risk to parties who come on their land. -absolute -contributory negligence -strict -reasonableness

Misfeasance

According to tort law, an act by one party that harms or endangers another, is known as: ___________.

superseding cause.

An intervening act that adds to the plaintiff's injury and normally takes place after the tortfeasor's negligent act is referred to as a(n): ______. preceding cause. superseding cause. unknown cause. unidentified cause.

reasonable conduct

In general, the scope of the duty of ____________ ______________ is defined by foreseeability.

-the closest-in-proximity, a superseding cause

In proving proximate cause, the injured party must also show that the tortfeasor's conduct was ______ cause of the injured party's damages, and that the tortfeasor's liability was not canceled due to ______. -the closest-in-proximity, a superseding cause -a direct, an incidental action -a legal, a break in the chain of custody -an incidental, a superseding cause

-When one party does not act reasonably -When one party's actions unintentionally cause harm

In the context of negligent conduct, which of the following circumstances are required for tort law to apply? (Check all that apply.) -When one party does not act reasonably -When one party completes its contractual requirements -When one party's actions unintentionally cause harm -When one party suffers monetary loses as a result of its own actions

nonfeasance

In tort law, the failure of one party to act or intervene in a certain situation is known as: ______. feasance misfortune nonfeasance misfeasance

unreasonable

Landowners owe a general duty to parties off the land from any ___________ risks to them caused by something on the land.

unreasonable

Laws of negligence impose liability when one's conduct is: __________. vengeful unreasonable purposeful intentional

dram shop

Laws that impose liability on owners and employees of public establishments where alcohol is served are called ________ laws. responsible shop dram shop dream shop public house ("pub")

-certain common areas

Once a landowner becomes a landlord and she gives possession of the property to the tenant, the landlord is generally not held liable except for:_______. -rabid animals escaped from the local zoo -children's injuries -certain common areas -strict torts

actual

Physical harm derived from an injury caused by the tortfeasor is called _________ damages.

legal

Proximate cause is also referred to as ___________ cause.

-the thing speaks for itself.

Res ipsa loquitur is Latin for:______. -the spoken is the law. -the thing speaks for itself. -the spoken means nothing. -the thing means the most.

restatements

The __________ define proximate cause as that which helps draw the line that determines when a tortfeasor is "not liable for harm different from harms whose risk made the [tortfeasor's] conduct tortious".

proximate

The broad sweep of the but-for-test requires another step in the analysis, often referred to as the _________ (legal) cause test.

-comparative negligence

The defense where the tortfeasor asserts that the injured party's conduct has played a factor in the harm suffered is known as: ______. -shared negligence -comparative negligence -complicated negligence -assumption of the risk

breach

The failure to meet obligations when there is a duty to do so is called a(n) __________ of duty in a negligence case.

duty

The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal _________ to the injured party.

-reasonable and prudent

The law imposes a general duty on all people to act in a(n) ___________ manner under the circumstances. -defensive and prudent -offensive and reasonable -reasonable and prudent -defensive and reasonable

five

There are ____________ fundamental elements to a negligence claim.

comparative

Under ___________ negligence, the jury will apportion fault among the parties and reduce the plaintiff's overall award by the percentage of harm caused by the plaintiff's own actions.

-Breaching the duty of care owed

Which of the following is an element of negligence? -Breaching the duty of care owed -Breaching the covenant of quiet enjoyment -Breaching the terms of a contract -Breaching the peace

-Assumption of the risk

______ defense is used when the defendant must prove that the injured party knew that a substantial and apparent risk was associated with certain conduct and the party voluntarily proceeded with the activity anyway. -Self defense -Comparative negligence -Contributory negligence -Assumption of the risk

-Assumption of duty

_______, another exception to the no general duty to act/rescue, occurs when one party voluntarily begins to render assistance even when there is no legal obligation to do so. -Strict liability -Dram shop -Abnormally dangerous activities -Assumption of duty

res ipsa loquitur

________ ________ ________ is the legal doctrine that allows a plaintiff to create a presumption of negligence against the defendant by inferring negligence in the absence of actual evidence.

Punitive

____________ damages are designed to punish the tortfeasor and are usually only awarded when conduct was extremely reckless or wanton.