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The word negligence can refer to the entire
tort (negligence) or to one of the elements
(breach of duty) of this tort.
True
TERM 2
In our legal system, if you cause harm to
another, you will be found liable for that
harm.
DEFINITION 2
False
TERM 3
Culpability is required for negligence liability.
This occurs when the defendant has fallen
below a minimum standard of conduct.
DEFINITION 3
True
TERM 4
Without a special relationship, the existence
of a duty depends on affirmative conduct.
DEFINITION 4
True
TERM 5
Under the Andrews test, the plaintiff is not
owed a duty unless he or she was in the zone
of danger
DEFINITION 5
True
Palsgraf is a famous case that helped define
the meaning of breach of duty in negligence
cases.
False
TERM 7
Nonfeasance can never be the basis of
negligence liability.
DEFINITION 7
False
TERM 8
The duty of reasonable care requires the
defendant to prevent all harm to the plaintiff
DEFINITION 8
False
TERM 9
Ted crashes into Jims parked car. Ted was
driving 70 mph while talking on his cell phone
in a 15 mph zone. Which is true?
DEFINITION 9
Ted committed gross negligence.
TERM 10
The Ace Pesticide Company (APC) is hired by
Irene to spray chemicals on her farm. On the
day of the spraying, it was unexpectedly
windy. Some of the pesticide fell on Georges
crops. Georges farm is adjacent to Irenes.
George sues APC for negligence. Which is
true?
DEFINITION 10
APC owed a duty to George because its affirmative conduct
put Georges crops at risk.
Establishing a res ipsa loquitur case means
that the plaintiff has proven breach of duty.
False
TERM 17
Legislative intent may help you determine
whether a statute was violated
DEFINITION 17
True
TERM 18
If the violation of a statute is negligence per
se, the jury will be allowed to find that the
defendant acted reasonably only if the
presumption of unreasonableness is
overcome.
DEFINITION 18
False
TERM 19
An employer is vicariously liable for the torts
of an employee if committed within the scope
of employment.
DEFINITION 19
True
TERM 20
In negligence, a breach of duty is __________.
DEFINITION 20
unreasonable conduct endangering someone to whom you
owe a duty of care
A risk-benefit analysis __________.
determines whether the risks outweigh the benefits
TERM 22
A presumption __________.
DEFINITION 22
is an inference or assumption of fact that can be drawn when
another fact or set of facts is established
TERM 23
While the but-for and the substantial factor
test might lead to the same conclusion, it is
generally easier to establish cause in fact by
the substantial factor test.
DEFINITION 23
True
TERM 24
You can always determine actual cause
through historical data since history repeats
itself.
DEFINITION 24
False
TERM 25
The weight of the evidence determines what
the standard of proof will be used in a
negligence case.
DEFINITION 25
False
Legal cause is established __________.
if the injury was the foreseeable consequence of the original
risk
TERM 32
An intervening cause
__________.
DEFINITION 32
is an independent force that produces harm after the
defendants act
TERM 33
An award of damages is an equitable remedy.
DEFINITION 33
False
TERM 34
The objective of reducing awards to present
value is to prevent the plaintiff from obtaining
a windfall.
DEFINITION 34
True
TERM 35
Plaintiffs have a duty to mitigate the damages
caused by the wrongful conduct of the
defendant.
DEFINITION 35
True
Required reductions of the plaintiffs damages
award are called permissive offsets.
False
TERM 37
Joint tort feasors are jointly and severally
liable for the injury their joint enterprise
caused.
DEFINITION 37
True
TERM 38
What are the three main categories of
damages?
DEFINITION 38
compensatory, nominal, and punitive
TERM 39
Collateral sources are __________.
DEFINITION 39
independent of the wrongdoer
TERM 40
Under joint and several liability, __________.
DEFINITION 40
the defendants are each liable for the entire amount of the
damages
Under comparative negligence, __________.
the plaintiffs recovery can be reduced in proportion to the
fault of the parties
TERM 47
The last clear chance rule
__________.
DEFINITION 47
can prevent contributory negligence from barring recovery
by the plaintiff
TERM 48
Negligence
DEFINITION 48
The failure to use reasonable care that and ordinary prudent
person would have used in a similar situation, resulting in
harm or other loss. Injury or other loss caused by the failure
to use reasonable care
Duty
Breach of duty
Proximate cause
Damages
TERM 49
Breach of Duty
DEFINITION 49
Unreasonable conduct endangering someone to whom you
owe a duty of care. (if the duty owed is avoid reckless
conduct, then a breach of duty would be reckless conduct
that endangers someone to whom you owe a duty of care.)
TERM 50
Insurance
DEFINITION 50
A contract (called an insurance policy) under which a
company agrees to compensate a person (up to a specific
amount) a loss caused by designated perils
Fault
An error or defect in someone's judgement or conduct to
which blame and culpability attach. The wrongful breach of
duty
TERM 52
Culpabilty
DEFINITION 52
Blameworthiness
TERM 53
Unavoidable accident
DEFINITION 53
An occurrence that led to an injury or other loss that was not
intended, was not foreseeable, and could not have been
prevented by reasonable care.
TERM 54
Reckless
DEFINITION 54
Consciously taking a risk in failing to exercise due care but
without intending the consequences; wantonly disregarding a
risk but neither desiring the consequences of the risk nor
having substantially certain knowledge of the consequences
TERM 55
Gross negligence
DEFINITION 55
the failure to use even a small amount of care to avoid
foreseeable harm
Foreseeable plaintiff
Someone whose presence in the zone of danger is
foreseeable to the defendant.
TERM 62
Zone of danger
DEFINITION 62
The area within which injury or together loss to the plaintiff is
foreseeable
TERM 63
Unforeseeable Plaintiff
DEFINITION 63
Someone whose presence in the zone of danger is
unforeseeable to the defendant
TERM 64
Affirmative
Conduct
DEFINITION 64
Active behavior, activity: the opposite of inaction
TERM 65
Misfeasance
DEFINITION 65
Affirmative conduct that is improper or unreasonable
Nonfeasance
The failure to act; inaction; an omission (nonfeasance can be
either wrongful or blameless.)
TERM 67
Malfeasance
DEFINITION 67
Wrongful (illegal) conduct or inaction by a public official.
TERM 68
Special relationship
DEFINITION 68
A relationship between persons that is the basis of a duty of
reasonable care to avoid injury even in the absence of
affirmative conduct
TERM 69
Good Samaritan
DEFINITION 69
A person who come to the aid of another without having
legal obligation to do so.
TERM 70
Moral
DEFINITION 70
Pertaining to the goodness and badness of human behavior,
which may or may not be embodied in the laws of our legal
system
Promise
a manifestation by a promisor (the person making the
promise) of an intention to act or to refrain from acting in a
specified way so as to justify the promisee (the person to
whom the promise is made) in understanding that a
commitment has been made
to make a commitment
TERM 77
Gratuitous promise
DEFINITION 77
a promise that one does not have a duty or obligation to
make
TERM 78
Reliance
DEFINITION 78
Forming a belief, taking action, or refraining from action due
in part to confidence in someone or something
TERM 79
Sovereign immunity
DEFINITION 79
the sovereign (i.e., the state) cannot be sued in its courts
without its consent.
TERM 80
Reasonable care
DEFINITION 80
Ordinary prudence under the circumstances to avoid injury
or other loss
Invitee
One who enters the land upon express or implied invitation
of the occupier of the land, in order to use the land for the
purposes for which it is held open to the public or to pursue
the business of the occupier
TERM 82
premises
liabilty
DEFINITION 82
the tort liability of landowners and others with possessor
interests in land for injuries suffered due to conditions or
activities on the land (premises).
TERM 83
unreasonable
DEFINITION 83
the failure to use ordinary prudence under the circumstances
to avoid injury or damage. a common synonym for
unreasonable is careless
TERM 84
Standard of care
DEFINITION 84
The degree of care that the law requires in a particular case.
in most cases, the standard is reasonableness- what an
ordinary prudent person would do under the same or similar
circumstances. in some cases, however, a lesser standard is
used, such as a duty to avoid reckless conduct
TERM 85
Factor
DEFINITION 85
One of the circumstances of considerations that will be
weighed in making decisions, no one of which is usually
conclusive
subjective standard
a standard by which something is measured by what a
person actually knew, felt, or did
TERM 92
objective standard
DEFINITION 92
a standard by which something is measured by comparing
(a) what person actually knew, felt, or did with (b) what a
reasonable person would have know, felt, or done under the
same circumstances
TERM 93
Res ispa loquitur
DEFINITION 93
("the thing speak for itself") An inference of the defendant's
unreasonableness (breach of duty) that allows the plaintiff's
case to go to the jury, which may then agree or disagree that
the defendant was unreasonable
TERM 94
Joint and several liability
DEFINITION 94
Legally responsible together and individually. each
wrongdoer is individually responsible for the entire
judgement; the plaintiff can choose to collect from one
wrongdoer of from all of them until the judgement is satisfied
TERM 95
Contributory negligence
DEFINITION 95
The failure of plaintiffs to take reasonable precautions for
their protection, helping to cause their own injury or other
loss
Custom and usage
the general practice in a filed; what is commonly done
TERM 97
negligence per se
DEFINITION 97
negligence (unreasonableness) because a violation of a
statute. the jury is not asked what a reasonable person would
have done; trial judge concludes that a reasonable person
would have done what the statute provides.
TERM 98
legislative intent
DEFINITION 98
the purpose of the legislative in enacting a particular statute
TERM 99
but-for-test
DEFINITION 99
Would the event (e.g., the injury) haave happened without
the act or omission of the party? but for the act or omission.
would have the event ocurred?
TERM 100
Substantial-factor test
DEFINITION 100
Did the party have a significant or important role in bringing
about the event (e.g., the injury)
