Chapter 7 - Negligence and Strict Liability

A duty of due care may arise only if a contract or statute creates such a duty.

• True
• False

Without a duty, there can be no breach.

• True
• False

Res ipsa loquitur means the thing speaks for itself and is related to causation.

• True
• False

Negligence per se occurs when a plaintiff contributed to his or her own injury.

• True
• False

The elements of a negligence claim include:

• duty of due care and breach thereof
• causation (actual and proximate)
• injury to plaintiff
• all of the above

The reasonable person test focuses on:

• defendant's behavior
• defendant's intent

The causation element requires proof of:

• actual cause (the "but for" test)
• proximate cause
• sufficient cause
• both triangle and diamond, but not circle

A property owner or tenant must exercise reasonable care for the safety of their:

• invitees
• licensees
• trespassers
• all of the above