Torts Flashcards

In Illinois, which elements must a plaintiff prove for a negligence claim?

Answer: Duty, breach, causation, and damages

Illinois negligence requires the plaintiff to prove the defendant owed a duty of care, breached that duty, the breach was the actual and proximate cause of harm, and the plaintiff suffered damages.

Illinois adopted a modified comparative fault system. A plaintiff who is more than __ % at fault is barred from recovery:

Answer: 50%

Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116: a plaintiff whose fault exceeds 50% is completely barred from recovery.

Res ipsa loquitur allows an inference of negligence when:

Answer: The type of harm normally does not occur without negligence and the defendant had exclusive control of the instrumentality

Res ipsa loquitur permits an inference of negligence when the accident is of a type that normally does not occur absent negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff was not contributorily negligent.

Under Illinois strict liability law (Restatement Second § 402A), a product manufacturer is strictly liable for harm caused by a product that is:

Answer: In a defective condition unreasonably dangerous to users

Illinois strict products liability requires that the product was in a defective condition unreasonably dangerous when it left the seller's control and caused harm to the plaintiff.

Which tort provides a remedy for a defendant who intentionally enters the land of another without permission or lawful justification?

Answer: Trespass to land

Trespass to land is an intentional tort requiring only an intent to enter the land, not intent to trespass; actual damages need not be proved for nominal damages to be available.

The tort of intentional infliction of emotional distress in Illinois requires conduct that is:

Answer: Extreme and outrageous, beyond all decency, and intolerable in a civilized community

Illinois IIED requires conduct that is extreme and outrageous, intended to cause or recklessly causing severe emotional distress, resulting in actual severe distress.