Torts-Negligence Exam Practice Questions and Answers (100% Pass)
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Course
Torts
Institution
Torts
Torts-Negligence Exam Practice
Questions and Answers (100% Pass)
What are the four elements of Negligence? - Answer️️ -1. a duty of
reasonable care
2. breach of that duty
tion
4. resulting damages
What does it mean when the court refers to the defenant as "negligent". -
Answer️️ -It...
Torts-Negligence Exam Practice
Questions and Answers (100% Pass)
What are the four elements of Negligence? - Answer✔️✔️-1. a duty of
reasonable care
2. breach of that duty
3.causation
4. resulting damages
What does it mean when the court refers to the defenant as "negligent". -
Answer✔️✔️-It is to say that he failed to exercise reasonable care under the
circumstances.
How can a defendant be negligent without necessarily being "liable for
negligence"? - Answer✔️✔️-it is to say that the defendant failed to exercise
reasonable care under the circumstances, but did not breach the standard
of care.
What is the basic premise of Negligence law? - Answer✔️✔️-It is that we
generally owe our fellow citizens a duty to act reasonably in the conduct of
our own affairs. The duty does not require that we avoid all injury to
others, but only that we avoid injuring others by carelessness.
What is the definition of Negligence? - Answer✔️✔️-it is the omission to do
something which a reasonable man, guided upon those considerations
which ordinarily regulate the conduct of human affairs, would do, or doing
something which a prudent and reasonable man would not do.
How do we decide whether a course of conduct is reasonable? (5 ways) -
Answer✔️✔️-1. The reasonable person considers the FORSEEABLE risk of
injury that the conduct will impose on the community.
2. The reasonable person also considers the EXTENT of the risks posed by
her conduct. Conduct may be reasonable if it threatens minor property
damage, but unreasonable if it creates a risk of serious personal injury.
3. The reasonable person also considers the LIKELIHOOD of a risk actually
causing harm.
4. The reasonable person also considers whether ALTERNATIVES to her
proposed conduct would achieve the same purpose with lesser (or greater)
risk.
5. The reasonable person also considers the COST of various courses of
action in determining what is reasonable. He does not take every
precaution which might reduce risk of injury, but only those which are
"worth it" in the sense that the injuries avoided outweigh the cost of the
extra precaution.
The reasonable person standard is ________ judgment, not a ________
condemnation - Answer✔️✔️-legal, moral
Does negligent law account for mental deficiencies? - Answer✔️✔️-No.
Does negligent law account for physical deficiencies? - Answer✔️✔️-Yes.
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