Torts: Negligence and Liability Flashcards
7 cards from real CLA/CP Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts: Negligence and Liability flashcards as text
Under strict products liability (Restatement Second §402A), a seller is liable when a product is sold in a 'defective condition unreasonably dangerous.' This standard applies to:
Answer: Any seller in the commercial chain of distribution
Section 402A strict products liability extends to all commercial sellers in the distribution chain, not just manufacturers, regardless of fault.
A duty to warn about product dangers is generally triggered when:
Answer: The risk is non-obvious and the seller has superior knowledge of it
The duty to warn arises when the danger is not obvious to ordinary users and the manufacturer/seller has superior knowledge of the risk.
In a 'modified comparative negligence' (50% bar rule) jurisdiction, a plaintiff who is found 50% at fault may:
Answer: Recover 50% of damages
Under the 50% bar rule, a plaintiff at exactly 50% fault may still recover (reduced to 50%), but recovery is barred at 51% or more.
Which element of negligence asks whether the defendant's conduct fell below the applicable standard of care?
Answer: Breach
Breach is the element that evaluates whether the defendant's conduct fell below the standard of care owed to the plaintiff.
The 'danger invites rescue' doctrine, established in Wagner v. International Railway, holds that:
Answer: A tortfeasor is liable to a rescuer injured while attempting to save a person endangered by the tortfeasor's negligence
The danger-invites-rescue doctrine recognizes that rescuers are foreseeable plaintiffs, making the original tortfeasor liable for injuries to reasonable rescuers.
A child defendant in a negligence case is held to the standard of:
Answer: A reasonable child of similar age, intelligence, and experience
Children are generally held to the standard of a reasonable child of the same age, intelligence, and experience, not the adult reasonable person standard.
Which concept describes the principle that a defendant is not liable for highly extraordinary consequences that were not a foreseeable risk of their negligence?
Answer: Palsgraf limitation / proximate cause
The Palsgraf decision and proximate cause doctrine limit liability to harms within the foreseeable zone of danger created by defendant's negligent conduct.