(pt 1) Negligence in Torts Quiz

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Questions and Answers

What standard is used to judge the conduct of professionals like accountants?

  • Specialized care standard
  • Reasonable person standard
  • Professional conduct standard
  • Reasonable accountant standard (correct)

In negligence cases, what does the causation in fact refer to?

  • Injury that would have occurred without the defendant's act (correct)
  • Existence of a strong connection between an act and an injury
  • Defendant's act leading to an injury
  • Proximate cause of the injury

What defense in negligence cases involves a plaintiff voluntarily assuming a known risk?

  • Assumption of Risk (correct)
  • Contributory negligence
  • Superseding Cause
  • Respondeat superior

Which factor determines the degree of care required from a defendant according to the text?

<p>Defendant's occupation/profession (B)</p> Signup and view all the answers

What standard is NOT used to judge the conduct of professionals?

<p>Reasonable person standard (C)</p> Signup and view all the answers

What should a court determine to establish proximate cause in a negligence case?

<p>Existence of a strong connection between an act and an injury (D)</p> Signup and view all the answers

Which defense in negligence cases involves an unforeseeable intervening event?

<p>Superseding Cause (D)</p> Signup and view all the answers

How is professional negligence commonly referred to in the text?

<p>Malpractice (C)</p> Signup and view all the answers

What element is required for the assumption of risk defense in negligence cases?

<p>'Voluntary assumption' of the risk by the defendant (A)</p> Signup and view all the answers

What constitutes the tort of negligence?

<p>Exercising a standard of care below what a reasonable person would in a similar circumstance (D)</p> Signup and view all the answers

In negligence cases, what does the tortfeasor's conduct typically involve?

<p>Creation of a foreseeable risk of harm (D)</p> Signup and view all the answers

What does it mean for a risk to be 'foreseeable' in negligence cases?

<p>The risk is such that a reasonable person engaging in the same activity would anticipate it (A)</p> Signup and view all the answers

What must a plaintiff prove to succeed in a negligence action?

<p>That the defendant breached the duty of care (C)</p> Signup and view all the answers

What is the Duty of Care in tort law?

<p>Exercising a reasonable amount of care in dealings with others (D)</p> Signup and view all the answers

What factors are considered when determining if the duty of care has been breached?

<p>How common the act is, how it was performed, and the resulting injury's severity (B)</p> Signup and view all the answers

What kind of care constitutes a breach of duty in tort law?

<p>Reasonable amount of care expected in similar circumstances not exercised (D)</p> Signup and view all the answers

What differentiates negligence from intentional harm in tort cases?

<p>The absence of wish to bring about harmful consequences or belief they will occur (C)</p> Signup and view all the answers

What role does causation play in a negligence case?

<p>Establishing that the defendant's breach directly caused the plaintiff's injury (B)</p> Signup and view all the answers

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