CLA/CP Exam Torts: Negligence and Liability 2

Question 1

Under the 'res ipsa loquitur' doctrine, which condition must the plaintiff establish first?

Accepted Answer

The accident is the kind that ordinarily does not occur without negligence

Answer

Res ipsa loquitur requires showing the accident is of the type that ordinarily does not happen without negligence, the instrumentality was in defendant's exclusive control, and plaintiff did not contribute.

Question 2

A landowner owes the highest duty of care to which category of entrant?

Accepted Answer

Invitees

Answer

Invitees—those who enter with the owner's express or implied invitation for a business or public purpose—are owed the highest duty: reasonable inspection and repair of dangerous conditions.

Question 3

Which element distinguishes proximate cause from actual cause in negligence analysis?

Accepted Answer

Proximate cause asks whether the harm was a foreseeable result of the negligent act

Answer

Proximate (legal) cause limits liability to harms that were a foreseeable result of the defendant's conduct, while actual cause (but-for causation) is simply factual linkage.

Question 4

Under the 'eggshell skull' rule, a defendant who negligently injures a plaintiff with an unknown pre-existing condition is liable for:

Accepted Answer

The full extent of the plaintiff's actual injuries

Answer

The eggshell skull rule holds defendants liable for the full extent of harm even if the plaintiff's unusual vulnerability made the injury far worse than expected.

Question 5

In a pure comparative negligence jurisdiction, a plaintiff found 70% at fault for an accident may recover:

Accepted Answer

30% of the total damages

Answer

Under pure comparative negligence, recovery is reduced by the plaintiff's percentage of fault, so a 70% at-fault plaintiff recovers 30% of total damages.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Torts: Negligence and Liability 2