Negligence, The Unintentional Tort - Exercise B - Rlg

Front 1

1. ___________ refers to the requirement that
persons must act with care in their relationships
with others.

Back 1

1. duty

Front 2

2. The two types of causation required for negligence
are___________ and ____________.

Back 2

2. actual and proximate

Front 3

3. The duty of care is limited to those persons
who are ______________ to the actor.

Back 3

3. foreseeable

Front 4

4. The tort of ____________ exists when the defendant
has violated a law and caused injury,
relieving the plaintiff of having to prove a duty
and a breach thereof.

Back 4

4. negligence per se

Front 5

5. The above tort (in question 4) can be excused
when________________________________.

Back 5

5. compliance with the law would be more dangerous than non-compliance

Front 6

6. A breach of duty refers to actions or inactions
which create __________________________.

Back 6

6. unreasonable risk of harm to others

Front 7

7. Except for the defendant's acts, the injury
would not have occurred is the __________
test.

Back 7

7. “but for”

Front 8

8. The plaintiff must prove the defendant's actions
caused injuries which were ___________,
meaning the injuries were a normal consequence
of such behavior.

Back 8

8. foreseeable

Front 9

9. The form of causation referred to above
(question 8) is _________________.

Back 9

9. proximate-legal

Front 10

10. The _____________ test refers to the defendant's
acts being sufficient to prove negligence
when those actions, as part of several causes
for the injuries, were a substantial cause of the
injury.

Back 10

10. substantial factor

Front 11

11. _____________ is a doctrine which allows a
breach of duty to be inferred from the act itself
and the circumstances under which it occurred.

Back 11

11. res ipsa loquitur

Front 12

12. The three requirements for this (question 11)
doctrine are __________________________.

Back 12

Would not normally occur unless someone was negligent. The negligence is attributable or traceable to defendant. Not the plaintiff's fault. 12. see p. 32

Front 13

13. Plaintiffs are under a _____________ in order
to reasonably minimize all damages suffered.

Back 13

13. duty to mitigate

Front 14

14. Unless allowed by law, _________ and
__________ cannot generally be recovered as
damages in negligence cases.

Back 14

14. attorney fees and interest

Front 15

15. When both parties are to some extent at fault,
the party who could have had the final opportunity
to avoid or reduce the injury must do so or
Substantive Law for Paralegals: Tort Law 74
b e h e l d l i a b l e u n d e r t h e
__________________________doctrine.

Back 15

15. last clear chance doctrine

Front 16

16. If the plaintiff is negligent to any extent, under
the defense of ______________, he/she will be
completely barred from any recovery.

Back 16

16. contributory negligence

Front 17

17. Marie was walking into Jack’s dry cleaners and
slipped and fell on a coat hanger, which had
been left on the floor by a prior customer that
Marie had not seen. Ryan, another customer in
the store at the same time, will testify that he
had told Jack about 5 minutes before Marie
came in that the hanger was on the floor, to
which Jack replied “ I’ll get to it as soon as I
can”. Marie may sue Jack for______________.

Back 17

17. negligence

Front 18

18. A plaintiff who is acting illegally when injured
may not recover under the ___________ rule.

Back 18

18. illegality rule

Front 19

19. Jack sued Jill for negligence and the jury found
Jack to be 80% at fault. Jack would recover
nothing in a ________ comparative negligence
state.

Back 19

19. partial

Front 20

20. On the other hand, Jack (in question 19)
would recover 20% of his damages in a _____
comparative negligence state.

Back 20

20. pure