(pt 1) Negligence in Torts Quiz

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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?

Defendant's occupation/profession Signup and view all the answers

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

Reasonable person standard Signup and view all the answers

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

Existence of a strong connection between an act and an injury Signup and view all the answers

Which defense in negligence cases involves an unforeseeable intervening event?

Superseding Cause Signup and view all the answers

How is professional negligence commonly referred to in the text?

Malpractice Signup and view all the answers

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

'Voluntary assumption' of the risk by the defendant Signup and view all the answers

What constitutes the tort of negligence?

Exercising a standard of care below what a reasonable person would in a similar circumstance Signup and view all the answers

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

Creation of a foreseeable risk of harm Signup and view all the answers

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 Signup and view all the answers

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

That the defendant breached the duty of care Signup and view all the answers

What is the Duty of Care in tort law?

Exercising a reasonable amount of care in dealings with others Signup and view all the answers

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 Signup and view all the answers

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

Reasonable amount of care expected in similar circumstances not exercised Signup and view all the answers

What differentiates negligence from intentional harm in tort cases?

The absence of wish to bring about harmful consequences or belief they will occur Signup and view all the answers

What role does causation play in a negligence case?

Establishing that the defendant's breach directly caused the plaintiff's injury Signup and view all the answers

(pt 1) Negligence in Torts Quiz

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