Law 3220 Exam 2 Clemson UPDATED Actual Questions and CORRECT Answers
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Course
Law 3220
Institution
Law 3220
Law 3220 Exam 2 Clemson UPDATED
Actual Questions and CORRECT Answers
Tort Law - CORRECT ANSWER- breach of duty of care to someone else and it causes
them injury
Negligence based tort law - CORRECT ANSWER- Must show:
- that the person who committed the tort owed a duty of care to the other pe...
Law 3220 Exam 2 Clemson UPDATED
Actual Questions and CORRECT Answers
Tort Law - CORRECT ANSWER✔✔- breach of duty of care to someone else and it causes
them injury
Negligence based tort law - CORRECT ANSWER✔✔- Must show:
- that the person who committed the tort owed a duty of care to the other person
- have to show the duty of care was breached
- Show that you suffered injury/damages
- show that there was a causal connection between negligent person's actions and your actions
Causal connection (3 types) - CORRECT ANSWER✔✔- Actual cause, proximate cause, and
superseding cause
Actual cause - CORRECT ANSWER✔✔- "cause in fact"; someone walks up to you and
punches you in the face; no dispute
Proximate cause - CORRECT ANSWER✔✔- We are going to limit tort liability to
consequences that are foreseeable likely to occur based upon the actions
EX: Construction company is digging a trench at a work site, don't leave any signs, someone
walks into it at night and gets injured
Superseding Cause - CORRECT ANSWER✔✔- Intervening conduct; cuts off the liability;
someone else is more liable than the negligent person
Defenses to negligence based torts - CORRECT ANSWER✔✔- Assumption of risk,
comparative negligence, liability waiver
Assumption of risk - CORRECT ANSWER✔✔- You assume the risk of being there, you
were made aware the of the potential dangers and you still agreed to go; cannot receive
damages
, Comparative negligence - CORRECT ANSWER✔✔- Court determines that the injured party
was somewhat negligent; the damages are reduced
Liability waiver - CORRECT ANSWER✔✔- Only affective against negligence based-torts;
to be affective, the liability language has to be clear, in writing, and all parties must have
signed the waiver
Categories of tort - CORRECT ANSWER✔✔- Assault and battery
Assault - CORRECT ANSWER✔✔- No physical contact is required; to be in fear of
immediate bodily harm; threat of being harmed
Battery - CORRECT ANSWER✔✔- Actual unlawful contact with your person; unauthorized
contact; someone actual comes up and hits you in the face
Potential Defenses for Assault and Battery (3) - CORRECT ANSWER✔✔- Consent,
privilege, self-defense
Consent - CORRECT ANSWER✔✔- You agree to normal contact associated with those
activities
Privilege - CORRECT ANSWER✔✔- Not guilty to trespassing for being on their property if
you are going to help someone
Self-defense - CORRECT ANSWER✔✔- match their force with equal force; not excessive
force
False Arrest - CORRECT ANSWER✔✔- Police detaining or holding you without your
consent in an unreasonable manner
False imprisonment - CORRECT ANSWER✔✔- Detained suspected shoplifters in an
unreasonable manner
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