Torts

Question 1

Negligence Elements

Answer 1

damages
causation
breach
duty

Question 2

Res Ipsa Loquitur

Answer 2

• the accident causing the injury is a type that would not normally occur unless someone was negligent;
• the negligence must be attributable to the defendant; and
• the plaintiff must show that the injury was not attributable to her

Question 3

Directed verdict

Answer 3

• plaintiff moves = almost always denied
• defendant moves = could be granted if plaintiff has not shown breach of duty
• on exam usually should be denied

Question 4

negligence per se

Answer 4

established  by violation of a statute if plaintiff shows:
-she is in the class intended to be protected by the statute, and
-the statute was designed to prevent the type of harm that she suffered
Establishes duty and breach

Question 5

but for test for cause

Answer 5

several acts each insufficient to cause injury alone combine to cause injury

Question 6

substantial factor test for cause

Answer 6

several causes and any one alone would have been sufficient

Question 7

alternative causes approach or cause

Answer 7

several acts but only one causes plaintiff’s injury

Question 8

proximate cause/ legal

Answer 8

• typiically there is more than one actual cause for plaintiff’s injury
• limits scope of liability
• a defendant is only liable for the harmful results that are the normal and foreseeable consequences of his acts

Question 9

General test for proximate cause

Answer 9

• was the harm within the risk created by defendant’s conduct
• if an intervening force is foreseeable, it will NOT cut off the defendant’s liability for his negligent conduct.

Question 10

intervening force

Answer 10

an outside force that comes into motion AFTER the defendant’s negligent act and combines with it to cause the plaintiff’s injury
-can never be plaintiffs or defendant’s conduct