Torts & Personal Injury Law Flashcards

What are the four essential elements a plaintiff must prove to establish a negligence claim?

Answer: Duty, breach, causation, and damages

To prove negligence, a plaintiff must establish: (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach caused the injury, and (4) the plaintiff suffered damages.

Under the 'reasonable person' standard in tort law, conduct is measured against:

Answer: An objective, ordinary person exercising ordinary care

The reasonable person standard is an objective test measuring conduct against a hypothetical ordinary person exercising ordinary prudence, not the subjective state of the actual defendant.

Which doctrine holds that a tortfeasor takes the victim 'as they find them,' making the defendant liable for all consequences even if the victim had a pre-existing condition?

Answer: Eggshell skull (thin skull) rule

The eggshell skull rule makes a defendant liable for the full extent of a plaintiff's injuries even if those injuries are more severe due to a pre-existing vulnerability the defendant could not foresee.

In tort law, which of the following best defines 'battery'?

Answer: Intentional harmful or offensive contact with another person without consent

Battery is the intentional, harmful, or offensive contact with another person without consent; it requires actual contact, unlike assault which requires only the apprehension of contact.

Under pure comparative negligence, if a plaintiff is 30% at fault and total damages are $100,000, how much can the plaintiff recover?

Answer: $70,000 — total damages reduced by the plaintiff's fault percentage

Under pure comparative negligence, the plaintiff's recovery is reduced proportionally by their own fault; a 30%-at-fault plaintiff recovers 70% of $100,000, or $70,000.

What is 'proximate cause' in the context of a negligence claim?

Answer: The legally sufficient causal link between the defendant's conduct and the plaintiff's foreseeable injury

Proximate cause (legal cause) limits liability to foreseeable consequences of the defendant's negligent act; it is a policy-based concept beyond mere factual causation.

Which of the following is the most complete defense to an intentional tort claim of assault?

Answer: Consent — the plaintiff voluntarily agreed to the conduct

Consent is a complete defense to assault and battery; if the plaintiff agreed to the conduct, the defendant is not liable for the intentional tort.