Show:
Let's Get Hypothetical
Hope You Read the Slides from the Practice Exam Day
*Negligence Causes* Me Headaches
*Compare* My *Contribution* to Hers
Hodgepodge
100
Defendant throws a football at a boy on his shed simply to scare him. However, he has more Tom Brady in him than he realizes and hits the boy right in the hands. The boy falls off the roof and breaks a leg. Defendant is liable under this theory.
What is transferred intent (assault to battery)?
100
This term is used when a defendant is held liable without a finding of fault (negligence or intent) for engaging in a hazardous activity or venture
What is strict liability?
100
This is another name for “but-for cause.”
What is "causation-in-fact?"
100
The last clear chance doctrine is only available for this type of negligence.
What is contributory negligence?
100
This is the substantial and unreasonable interference with one’s use or enjoyment of land.
What is nuisance?
200
The city destroys plaintiff’s house to prevent the spread of fire. Except for possible governmental immunity, the city should plead this.
What is public necessity?
200
This term is used when a company is held liable for the torts of its workers done in the scope of employment.
What is respondeat superior? We will also accept "what is vicarious liability?"
200
Insanity has this effect on the reasonable person standard of care.
What is no effect?
200
This form of negligence allows the plaintiff to recover even if that plaintiff is 99% responsible.
What is pure comparative negligence?
200
This term requires medical professionals to disclose significant risks, as well as the risks that a reasonable patient would want to know.
What is informed consent?
300
A, B, and C all crash into P’s car at the same time. A is found to be 10% negligent, B 30%, C 5%, and P 55%. C is insolvent. This jurisdiction recognizes joint and several liability. Under a modified comparative negligence regime, P can recover this from whom.
What is zero?
300
These are the two situations where strict liability is implicated.
What are engaging in a hazardous activity (i.e. blasting) AND having animals owned and possessed by defendant cause injuries or damage?
300
When a court applies this doctrine, a statute replaces the usual standard of care, and violation of the statute establishes a breach of duty.
What is negligence per se?
300
Warning: completely random. This theory should be used when the plaintiff in a negligence case cannot show exactly what the defendant has done.
What is res ipsa loquitur?
300
A person with really good eyesight will be held to the standard of a reasonable person with this kind of eyesight.
What is "really good?" We will also accept "the same."
400
A, B, and C all crash into P’s car at the same time. A is found to be 20% negligent, B 15%, C 45%, and P 20%. C is insolvent. This jurisdiction recognizes joint and several liability. Under a pure comparative negligence regime, P can recover this from whom.
What is 80% of P's damages from A or B?
400
This a viable defense to strict liability.
What is assumption of the risk?
400
This is the term for an intervening cause that forces the conclusion that the defendant’s negligence was not the proximate cause of the injury.
What is a superseding cause?
400
This is one of four U.S. states that still employs contributory negligence.
What is Alabama (or Virginia, North Carolina, or Maryland)? Note the District of Columbia also has contributory negligence.
400
The general intent requirement is satisfied when this happens.
What is the defendant has knowledge to a substantial certainty that his actions will cause a tort?
500
The OC (don't call it that) has a law prohibiting stair cars from being used on public roads for fear that important banners will be torn down. While drunk, some guy (not to be confused with the righteous Job) runs over some person in all blue paint. This blue man's family brings a wrongful death suit and will most likely have to prove this number of negligence elements.
What is four (negligence per se, which eliminates duty and breach, probably will not apply)?
500
A "boss" is liable for an independent contractor’s negligence under this circumstance.
What is when the work is inherently dangerous?
500
According to this test, if the burden (the cost of taking steps to avoid the risk) is less than the risk itself, then the party is negligent for not undertaking the burden.
What is the Learned Hand Test? We will also accept the Risk/Utility Test.
500
The better of the two TAs for this class.
Who is Michael?
500
This typically arises in situations where a physician’s malpractice further reduces a patient’s already smaller than 50% chance of survival from a disease or condition.
What is loss of chance of recovery?