Torts Flashcards

Under Illinois law, which of the following is a complete defense to a negligence action?

Answer: Assumption of risk when the plaintiff knowingly and voluntarily assumes a known risk

Express assumption of risk remains a complete defense in Illinois when the plaintiff knowingly, voluntarily, and expressly agreed to encounter a specific known risk.

To establish battery under Illinois tort law, a plaintiff must show:

Answer: An intentional act causing harmful or offensive contact with the plaintiff's person

Battery requires an intentional act that results in harmful or offensive contact with the plaintiff; intent to harm is not required — only intent to cause the contact.

Negligence per se applies when a defendant violates a statute and the plaintiff proves:

Answer: The plaintiff was in the class the statute was designed to protect and suffered the type of harm the statute was meant to prevent

Negligence per se uses a statutory violation as conclusive or presumptive evidence of breach if the plaintiff is within the protected class and suffers the type of harm the statute was designed to prevent.

Illinois's Joint and Several Liability Reform Act limits joint and several liability. Under current Illinois law, a defendant is jointly and severally liable only if their fault is:

Answer: Greater than 50%

Under 735 ILCS 5/2-1117, a defendant is jointly and severally liable only if their share of fault exceeds 25% — unless the exception for defendants more than 25% at fault applies.

The tort of false imprisonment requires a plaintiff to show they were confined within fixed boundaries. Which of the following negates false imprisonment?

Answer: The plaintiff was unaware of the confinement and suffered no harm

False imprisonment requires awareness of the confinement or actual harm; if the plaintiff was unaware and suffered no injury, no tort occurred.

Which doctrine allows a child injured by an attractive nuisance to recover from a landowner even though the child was a trespasser?

Answer: Attractive nuisance doctrine

The attractive nuisance doctrine imposes a duty of reasonable care on landowners when an artificial condition is likely to attract children who cannot appreciate the risk, and the burden of remediation is slight compared to the risk.