Torts: Negligence Practice Exam
Questions and Answers (100% Pass)
What is the prima facie case for intentional tort liability? - Answer✔️✔️-An
act by the defendant, an intent, and causation.
What kind of intent is necessary to constitute an intentional tort? -
Answer✔️✔️-The act in the complaint must refer to a volatile movement by
the defendant. Unconscious and reflexive acts are excluded, but acts by
incompetents are considered to be volitional conduct.
What kind of intent is necessary to constitute an intentional tort? -
Answer✔️✔️-The defendant must have an intent to achieve the
consequences of his conduct by specific intent, or by conduct whose
consequences are known with substantial certainty to result from such
conduct.
When does transferred intent apply. - Answer✔️✔️-It occurs when the
defendant intends to inflict a battery, assault, false imprisonment, trespass
to land, or trespass to chattels on plaintiff. If he causes any of these five
torts to that person or to another person he will be held liable on an
intentional tort theory even if the harm is unexpected.
Which persons have the capacity to commit an intentional tort? -
Answer✔️✔️-Everybody is liable for intentional torts. Age, mental
capabilities, and intoxication are not taken into account, nor are the
plaintiff's super sensitivities. Everyone must be dealt with as an average
person, unless the defendant in fact knows of the plaintiff's super
sensitivities or of other incapacities.
What is negligence? - Answer✔️✔️-Negligence is conduct that falls below
the standard established by law for the protection of others against
unreasonable risk of harm.
What is the prima facie case for negligence? - Answer✔️✔️-Negligence
requires a showing that a duty was owed, that the duty was breached, and
that the breach was the actual and proximate cause of damages.
How does liability for negligence arise? - Answer✔️✔️-Liability for
negligence may be predicated on a volitional act, or on a willful omission
to act if there is an affirmative duty to act. Omissions to act create
negligence liability when the defendant is under an affirmative duty to act.
The duty to act may be created by: S. Statute C. Contract C. Creation of
peril V. Voluntary assumption of duties P. Preexisting dependency
Define 'duty'. - Answer✔️✔️-Duty is an obligation that is recognized by the
law as conformance to a particular standard of conduct toward another
What is the general duty of care? - Answer✔️✔️-When a person is involved
in any activity, he is under a legal duty to act as would an ordinary,
prudent, reasonable person under the same or similar circumstances
(objective test). This standard of care is imposed upon a person even for
events that cannot reasonably be foreseen.
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