Torts and Negligence Flashcards
7 cards from real OK BAR 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 and Negligence flashcards as text
A tavern in Oklahoma serves alcohol to a noticeably intoxicated patron who then injures a third party while driving. Under Oklahoma dram shop liability, the tavern:
Answer: May be liable to the injured third party for serving a noticeably intoxicated person
Oklahoma recognizes dram shop liability where a commercial vendor serves a noticeably intoxicated person who injures a third party.
An employer is vicariously liable for an employee's tort under respondeat superior only if the tort was committed:
Answer: Within the scope of employment
Respondeat superior requires that the employee's tortious act occur within the scope of employment.
A factory emits noxious fumes that substantially and unreasonably interfere with a neighboring homeowner's use and enjoyment of her property. Her claim is:
Answer: Private nuisance
Private nuisance protects against substantial and unreasonable interference with the use and enjoyment of land.
In Oklahoma, a violation of a safety statute constitutes negligence per se when the plaintiff shows the injury:
Answer: Was caused by the violation, is of the type the statute was designed to prevent, and the plaintiff is in the protected class
Negligence per se requires causation, harm of the type the statute targets, and a plaintiff within the protected class.
A rescuer is injured while pulling a driver from a burning car that the defendant negligently crashed. The defendant's liability to the rescuer rests on the principle that:
Answer: Danger invites rescue, making the rescuer a foreseeable plaintiff
Under the rescue doctrine, one who negligently creates peril is liable to foreseeable rescuers injured in the attempt.
A shopkeeper in Oklahoma detains a suspected shoplifter. The detention is privileged if it is:
Answer: Based on reasonable belief, conducted in a reasonable manner, and for a reasonable time
The shopkeeper's privilege requires reasonable suspicion, reasonable manner, and reasonable duration of detention.
In an Oklahoma wrongful death action, the claim is generally brought by:
Answer: The personal representative of the decedent's estate for the benefit of survivors
Oklahoma's wrongful death statute vests the cause of action in the personal representative on behalf of the surviving beneficiaries.