BLAW 3310 Exam 2 Study Guide with
Complete Solutions
Torts - Answer️️ -An injury or wrong committed with or without force
against another person or his properly; a civil wrong that is a breach of a
legal duty owed by the person who commits the tort to the victim of the
tort
Negligence Pg ...
BLAW 3310 Exam 2 Study Guide with
Complete Solutions
Torts - Answer✔️✔️-An injury or wrong committed with or without force
against another person or his properly; a civil wrong that is a breach of a
legal duty owed by the person who commits the tort to the victim of the
tort
Negligence Pg 147 - Answer✔️✔️-The failure to do something that a
reasonable person, guided by the ordinary considerations that regulate
human affairs, would do or the doing of something that a reasonable
person would not do
"Reasonable person" standard of care - Answer✔️✔️-Represents how
persons in the relevant community ought to behave; a theoretical concept It
describes a hypothetical person who acts in a reasonable manner under the
circumstances. Perfection is not required but errors in judgment must be
reasonable or excusable under circumstances, or negligence will be found
Professional standard e.g. breach called malpractice - Answer✔️✔️-Medical
malpractice; The patient expects the doctor and his subordinates to adhere
to standards that would prevent undue harm and distress to patients under
his or her care
Causation in fact - Answer✔️✔️-An act or omission without which an event
would not have occurred. Courts express this in the form of a rule
commonly referred to as the "but for" rule: the injury to a person would not
have happened but for the conduct of the wrongdoer
Proximate cause - Answer✔️✔️-In tort law, the action of the defendant that
produces the plaintiffs injuries, without which the injury/damage in
question would not have existed
Premises liability e.g. invitee - Answer✔️✔️-An intentional tort, or a tort
based on negligence, when the owner or party with responsibility for
maintaining certain properly fails to provide adequate safely for vistors to
the properly against criminal attacks or accidents
Palsgraf vs. Long Island Railway Pg 145 - Answer✔️✔️-
_____________________ was hit pretty bad on the head after a railroad
worker helped get a man onboard a train, but dropped a package full of
fireworks. The fireworks exploded caused some scales on the platform,
where she was standing, to fall, thus hitting her.
There was no negligence on the part of the railroad, and no proximate
cause in the entire situation. Long Island Railroad Company won the case.
Defenses to negligence - Answer✔️✔️-The defense would be when the
plaintiff had knowledge of the danger, voluntarily exposed himself to the
danger, and was injured.
Assumption of Risk - Answer✔️✔️-States a plaintiff may not recover for the
injuries or damages that result from an activity in which the plaintiff
willingly participated.
Exculpatory clause - Answer✔️✔️-A part of a contract that releases one of
the parties from liability for their wrongdoings; not favored at laws
Comparative negligence - Answer✔️✔️-A defense to negligence whereby the
plaintiffs damages are reduced by the proportion his fault bears to the total
injury he has suffered
51% Rule for contributory negligence - Answer✔️✔️-The plaintiff must
contribute at least 51% of the negligence for no recovery to be allowed.
Intentional torts - Answer✔️✔️-Competition among various brands of a
particular product. Interference with business relationship a tort in which a
defendant commits an intentional and unjustified interference with a
plaintiffs valid business dealings that inflicts monetary damage
What is intent? - Answer✔️✔️-First, the person knew what he was doing.
Second, the person knew, or should have known, the possible
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