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Accounting 215 Exam 2 Iowa State University questions with correct answers
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Accounting 215 Exam 2 Iowa State University questions with correct answers
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Accounting 215 Exam 2 Iowa State Universityquestions with correct answers
Sources of tort law Correct Answer-Common Law and Statutory Law
Intentional tort Correct Answer-a wrongful act that was knowingly
committed
Unintentional tort Correct Answer-a wrongful act that was not
knowingly committed (negligence)
Tortfeasor Correct Answer-one who commits a tort
Negligence (unintentional) Correct Answer-Occurs when the plaintiff is
injured because of defendant's breach of duty of care
Negligence Test Correct Answer-1. Did the defendant owe a duty of
care?
2. Did the defendant breach that duty?
3. Did the plaintiff suffer recognizable injury?
4. Was the defendant's breach the factual and proximate cause of the
injury?
Duty of Care Correct Answer-A person owes a duty of care towards
those around them or who own land around them (Q1)
,Reasonable Care Correct Answer-Duty to act with reasonable care
towards others based upon a reasonable person standard (Q2)
Duty of Professionals Correct Answer-Duty of care for a professional
focuses on the skill set of the reasonable professional in that field and
not merely the reasonable person found in society. Malpractice
(negligence) is often the resulting claim.
Injury Requirement and Damages Correct Answer-Injury has to result
for damages to awarded (Q3). Plaintiff has to prove causation (Q4).
Causation in Fact Correct Answer-act or omission caused the damage
("But for" test)
Proximate cause Correct Answer-strong enough connection to justify
holding the defendant responsible. (foreseeable?)
Palsgraf v. Long Island Railroad Co. Correct Answer-Plaintiff was
waiting for a train on the platform and a package of fireworks falls to the
ground and injures plaintiff. Plaintiff was unable to recover damages
because harm was not foreseeable (proximate causation)
Res Ipsa Loquitur Correct Answer-"The facts speak for themselves"
Helps plaintiff create a presumption of negligence on the defendant.
Example: plaintiff can't move knee after knee surgery.
, Negligence Per Se Correct Answer-Plaintiff must prove 3 things
-Plaintiff was owed a D of C
-The defendant committed the conduct prohibited by the statute in
question
-Statute was designed to prevent this type of injury
(Ex. Speeding and causing an accident)
Assumption of Risk Correct Answer-Plaintiff entered into the situation
knowing the risks. Needs to show that the plaintiff knew of the risk and
assumed the risk. (Defense to Negligence)
Intervening Cause Correct Answer-Something that breaks the chain of
causation. (Defense to Negligence)
Contributory Negligence Correct Answer-Under common law any
contributory negligence provided by the plaintiff would prevent
recovery by the plaintiff. In some states contributory negligence is not a
bar to recovery if there is a "last clear chance" for the defendant to avoid
the harm.
Comparative Negligence Correct Answer-The court looks at the fault of
the defendant and compares it to the fault of the plaintiff. Recovery on
the part of the plaintiffs then reduced by their contribution to the
incident.
Comparative Fault Correct Answer-Sees how plaintiffs prior actions
cause the defendants negligence.
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