18 Questions
What standard is used to judge the conduct of professionals like accountants?
Reasonable accountant standard
In negligence cases, what does the causation in fact refer to?
Injury that would have occurred without the defendant's act
What defense in negligence cases involves a plaintiff voluntarily assuming a known risk?
Assumption of Risk
Which factor determines the degree of care required from a defendant according to the text?
Defendant's occupation/profession
What standard is NOT used to judge the conduct of professionals?
Reasonable person standard
What should a court determine to establish proximate cause in a negligence case?
Existence of a strong connection between an act and an injury
Which defense in negligence cases involves an unforeseeable intervening event?
Superseding Cause
How is professional negligence commonly referred to in the text?
Malpractice
What element is required for the assumption of risk defense in negligence cases?
'Voluntary assumption' of the risk by the defendant
What constitutes the tort of negligence?
Exercising a standard of care below what a reasonable person would in a similar circumstance
In negligence cases, what does the tortfeasor's conduct typically involve?
Creation of a foreseeable risk of harm
What does it mean for a risk to be 'foreseeable' in negligence cases?
The risk is such that a reasonable person engaging in the same activity would anticipate it
What must a plaintiff prove to succeed in a negligence action?
That the defendant breached the duty of care
What is the Duty of Care in tort law?
Exercising a reasonable amount of care in dealings with others
What factors are considered when determining if the duty of care has been breached?
How common the act is, how it was performed, and the resulting injury's severity
What kind of care constitutes a breach of duty in tort law?
Reasonable amount of care expected in similar circumstances not exercised
What differentiates negligence from intentional harm in tort cases?
The absence of wish to bring about harmful consequences or belief they will occur
What role does causation play in a negligence case?
Establishing that the defendant's breach directly caused the plaintiff's injury
Test your knowledge on negligence in torts, which involves the failure to exercise the standard of care leading to injury. Explore concepts like duty of care, foreseeability, and risk in negligence cases.
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