WorksheetsChapter 3.2 Negligence and Liability
Total questions: 20
Worksheet time: 10mins
A tort that results when one person carelessly injures another
tortfeasor
strict liability
negligence
Intentional tort
The link between the negligent conduct and the injury is strong enough to be recognized by law.
tort
tortfeasor
actual harm
proximate cause
The defendant can show that the victim did something that helped cause his or her own injury
Contributory Negligence
Comparative Negligence
Strict Liability
tort
when the carelessness of one of the parties is compared to the carelessness of the other party
Intentional tort
Comparative Negligence
Contributory negligence
Strict Liabiltiy
When the plaintiff knew of the risk involved and still took the chance of being injured.
Strict Liability
Product Liability
Assumption of Risk
Survival Statutes
Some activities are so dangerous that liability will always follow any injury that results from those activities.
Assumption of Risk
Wrongful Death
Strict Liability
Comparative Negligence
Even the most careless conduct will not result in liability for negligence unless there is actual harm
True
False
The main difference between intentional torts and negligence is that one is deliberate, while the other is usually caused by carelessness.
True
False
Although the reasonable person test is very subjective, it is used primarily in intentional tort cases.
True
False
Current tort reform legislation includes survival statutes
and wrongful death statutes.
True
False
If you are driving your car too fast on a rainy evening and have an accident, you might have committed an intentional tort.
True
False
People who are engaged in extremely dangerous activities may be held liable even without negligence or malice; this is known as the doctrine of
Strict Liability
Assumption of risk
unintentional liability
dangerous liability
To determine if the defendant's conduct was the proximate cause of the plaintiff's injury, the court applies the
proximate cause test
actual cause test
forensic test
foreseeability test
The negligence defense that might be used by a baseball
club that is sued by spectators is
contributory negligence
comparative negligence
Assumption of risk
proximate cause
Using explosives and keeping alligators as pets are
examples of
survival statutes
conversion
negligence
strict liability
In a product liability case, both the seller and
the ____________________ of the item are liable for injuries caused by the product.
person
place
manufacturer
supplier
Under the doctrine of ____________________, the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.
comparative negligence
proximate cause
contributory negligence
Assumption of risk
The lawsuit can continue even if both the plaintiff and defendant die
limits to product liability
survival statutes
wrongful death stautues
the 50% rule
This allows relatives to bring a lawsuit even if the victim has died. For example: OJ Simpson civil suit
Survival Statutes
Strict Liability
Wrongful Death Statutes
The 50% rule
According to the 50% rule the plaintiff is allowed to receive some damages if the plaintiff's negligence is less than the defendants. If the plaintiff's negligence is more than half the plaintiff gets nothing.
True
False
