Law 3220 Exam 2 Clemson
2026 Expert Verifed Ace the
Test
Tort Law - ANSWER ✔✔breach of duty of care to someone else and
it causes them injury
Negligence based tort law - ANSWER ✔✔Must show:
- that the person who committed the tort owed a duty of care to the other
person
- have to show the duty of care was breached
- Show that you suffered injury/damages
- show that there was a causal connection between negligent person's
actions and your actions
,Causal connection (3 types) - ANSWER ✔✔Actual cause, proximate
cause, and superseding cause
Actual cause - ANSWER ✔✔"cause in fact"; someone walks up to
you and punches you in the face; no dispute
Proximate cause - ANSWER ✔✔We are going to limit tort liability to
consequences that are foreseeable likely to occur based upon the
actions
EX: Construction company is digging a trench at a work site, don't leave
any signs, someone walks into it at night and gets injured
Superseding Cause - ANSWER ✔✔Intervening conduct; cuts off the
liability; someone else is more liable than the negligent person
Defenses to negligence based torts - ANSWER ✔✔Assumption of
risk, comparative negligence, liability waiver
Assumption of risk - ANSWER ✔✔You assume the risk of being
there, you were made aware the of the potential dangers and you still
agreed to go; cannot receive damages
Comparative negligence - ANSWER ✔✔Court determines that the
injured party was somewhat negligent; the damages are reduced
, Liability waiver - ANSWER ✔✔Only affective against negligence
based-torts; to be affective, the liability language has to be clear, in
writing, and all parties must have signed the waiver
Categories of tort - ANSWER ✔✔Assault and battery
Assault - ANSWER ✔✔No physical contact is required; to be in fear
of immediate bodily harm; threat of being harmed
Battery - ANSWER ✔✔Actual unlawful contact with your person;
unauthorized contact; someone actual comes up and hits you in the face
Potential Defenses for Assault and Battery (3) - ANSWER
✔✔Consent, privilege, self-defense
Consent - ANSWER ✔✔You agree to normal contact associated with
those activities
Privilege - ANSWER ✔✔Not guilty to trespassing for being on their
property if you are going to help someone
Self-defense - ANSWER ✔✔match their force with equal force; not
excessive force
False Arrest - ANSWER ✔✔Police detaining or holding you without
your consent in an unreasonable manner
COPYRIGHT©NINJANERD 2025/2026. YEAR PUBLISHED 2026. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY
STATEMENT. ALL RIGHTS RESERVED
3
2026 Expert Verifed Ace the
Test
Tort Law - ANSWER ✔✔breach of duty of care to someone else and
it causes them injury
Negligence based tort law - ANSWER ✔✔Must show:
- that the person who committed the tort owed a duty of care to the other
person
- have to show the duty of care was breached
- Show that you suffered injury/damages
- show that there was a causal connection between negligent person's
actions and your actions
,Causal connection (3 types) - ANSWER ✔✔Actual cause, proximate
cause, and superseding cause
Actual cause - ANSWER ✔✔"cause in fact"; someone walks up to
you and punches you in the face; no dispute
Proximate cause - ANSWER ✔✔We are going to limit tort liability to
consequences that are foreseeable likely to occur based upon the
actions
EX: Construction company is digging a trench at a work site, don't leave
any signs, someone walks into it at night and gets injured
Superseding Cause - ANSWER ✔✔Intervening conduct; cuts off the
liability; someone else is more liable than the negligent person
Defenses to negligence based torts - ANSWER ✔✔Assumption of
risk, comparative negligence, liability waiver
Assumption of risk - ANSWER ✔✔You assume the risk of being
there, you were made aware the of the potential dangers and you still
agreed to go; cannot receive damages
Comparative negligence - ANSWER ✔✔Court determines that the
injured party was somewhat negligent; the damages are reduced
, Liability waiver - ANSWER ✔✔Only affective against negligence
based-torts; to be affective, the liability language has to be clear, in
writing, and all parties must have signed the waiver
Categories of tort - ANSWER ✔✔Assault and battery
Assault - ANSWER ✔✔No physical contact is required; to be in fear
of immediate bodily harm; threat of being harmed
Battery - ANSWER ✔✔Actual unlawful contact with your person;
unauthorized contact; someone actual comes up and hits you in the face
Potential Defenses for Assault and Battery (3) - ANSWER
✔✔Consent, privilege, self-defense
Consent - ANSWER ✔✔You agree to normal contact associated with
those activities
Privilege - ANSWER ✔✔Not guilty to trespassing for being on their
property if you are going to help someone
Self-defense - ANSWER ✔✔match their force with equal force; not
excessive force
False Arrest - ANSWER ✔✔Police detaining or holding you without
your consent in an unreasonable manner
COPYRIGHT©NINJANERD 2025/2026. YEAR PUBLISHED 2026. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY
STATEMENT. ALL RIGHTS RESERVED
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