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 the 'negligent entrustment' doctrine, a person who lends a vehicle to another may be liable if they knew or should have known the borrower was:
Answer: Incompetent, reckless, or unlicensed
Negligent entrustment holds the lender liable when they knowingly entrust a dangerous item (like a vehicle) to someone they know or should know is incompetent or dangerous.
When two defendants' negligent acts combine to cause an indivisible injury, each defendant is typically liable for:
Answer: The full amount of damages jointly and severally
Under joint and several liability, when concurrent tortfeasors cause an indivisible injury, each is liable for the full amount, leaving contribution rights among co-defendants.
The 'reasonable person' standard in negligence law is considered:
Answer: An objective external standard based on a hypothetical reasonable person
The reasonable person standard is an objective benchmark—it does not consider what the defendant actually thought, but what a reasonable person in the same circumstances would have done.
Under the 'firefighter's rule,' firefighters and police officers generally cannot sue for negligence arising from:
Answer: Injuries caused by defendants they were responding to assist
The firefighter's rule bars recovery by professional rescuers (firefighters, police) for injuries caused by the very negligence that necessitated their presence.
Which of the following is an example of a 'pure economic loss' that tort law typically does NOT allow recovery for in negligence (absent physical injury or property damage)?
Answer: Lost profits due to a contractor's negligent delay in completing a building
Pure economic loss (lost profits, business interruption) without accompanying physical injury or property damage is generally not recoverable in negligence under the economic loss rule.
A landowner's duty to an undiscovered trespasser under traditional common law is:
Answer: Only to refrain from willful or wanton injury
Traditional common law imposes only a duty to refrain from willful, wanton, or intentional harm toward undiscovered trespassers.
Which of the following scenarios would most likely give rise to liability under the 'negligent infliction of emotional distress' bystander theory?
Answer: A close family member who witnessed the severe injury of a loved one from a nearby location
Most courts following Dillon v. Legg allow bystander NIED recovery for close family members who contemporaneously witnessed severe injury to a loved one and suffered serious emotional distress.