Kaplan Tort Cards

Question 1

Torts Ladder

Answer 1

Duty
Breach
Causation
Damages
Defenses

Question 2

Assumption of Risk is:

Answer 2

Subjective

Question 3

Duties of Care

Answer 3

Trespasser
Licensee
Invitee

Question 4

D.O.C - Trespasser

Answer 4

Unknown - No Duty

Question 5

D.O.C. - Licensee

Answer 5

Friend (like them) - Warn them of known dangers

Question 6

D.O.C. - Invitee

Answer 6

Customer

1. Inspect
2. Make Safe

Question 7

Negligence Per Se

Answer 7

1. Prevent this type of injury

2. Protect this class of plaintiff

Question 8

Res Ipsa Loquitar

Answer 8

1. The accident does not normally occur absent negligence on the part of the DEFENDANT
2. The instrumentality causing the accident was within the defendant’s exclusive control

Question 9

Res Ipsa Loquitor - The thing speaks for itself

Answer 9

1. Plaintiff has Prima Facie case

2. No direct verdict

Question 10

Contributory Negligence

Answer 10

1. A negligent plaintiff is barred from recovery
2. Minority Rule
3. Last Clear Chance Rule
4. ONLY USE IF FACT PATTERN SAYS THIS IS A CONTRIBUTORY NEGLIGENCE JURISDICTION

Question 11

Last Clear Chance Rule

Answer 11

A negligent plaintiff can still recover if he can show the defendant had the last clear chance to avoid the injury and failed to do so.