Torts-Negligence Exam Practice Questions and Answers (100% Pass)

Torts-Negligence Exam Practice Questions and Answers (100% Pass) What are the four elements of Negligence? - Answer️️ -1. a duty of reasonable care 2. breach of that duty tion 4. resulting damages What does it mean when the court refers to the defenant as "negligent". - Answer️️ -It is to say that he failed to exercise reasonable care under the circumstances. How can a defendant be negligent without necessarily being "liable for negligence"? - Answer️️ -it is to say that the defendant failed to exercise reasonable care under the circumstances, but did not breach the standard of care. What is the basic premise of Negligence law? - Answer️️ -It is that we generally owe our fellow citizens a duty to act reasonably in the conduct of our own affairs. The duty does not require that we avoid all injury to others, but only that we avoid injuring others by carelessness. What is the definition of Negligence? - Answer️️ -it is the omission to do something which a reasonable man, guided upon those considerations ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 2 which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. How do we decide whether a course of conduct is reasonable? (5 ways) - Answer️️ -1. The reasonable person considers the FORSEEABLE risk of injury that the conduct will impose on the community. 2. The reasonable person also considers the EXTENT of the risks posed by her conduct. Conduct may be reasonable if it threatens minor property damage, but unreasonable if it creates a risk of serious personal injury. 3. The reasonable person also considers the LIKELIHOOD of a risk actually causing harm. 4. The reasonable person also considers whether ALTERNATIVES to her proposed conduct would achieve the same purpose with lesser (or greater) risk. 5. The reasonable person also considers the COST of various courses of action in determining what is reasonable. He does not take every precaution which might reduce risk of injury, but only those which are "worth it" in the sense that the injuries avoided outweigh the cost of the extra precaution. The reasonable person standard is ________ judgment, not a ________ condemnation - Answer️️ -legal, moral Does negligent law account for mental deficiencies? - Answer️️ -No. Does negligent law account for physical deficiencies? - Answer️️ -Yes. ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 3 Are children held to the adult standard of care? - Answer️️ -No, rather children are held to a standard of a "reasonable person of like age, intelligence, and experience under like circumstances." Does the child standard of care make an allowance for mental ability and development? - Answer️️ -Yes. The rationale is that children have to learn to be careful, and ought not be exposed to tort liability for conduct that is reasonable in light of their stage of development during the learning process. Can children still be found negligent? - Answer️️ -Yes. the child standard of care does not mean that children cannot be found negligent. A good many cases hold children who engage in certain high-risk activities primarily engaged by adults, such as driving, to the adult standard of care. How is the reasonableness of the defendants decision judged? - Answer️️ -The reasonableness of the defendant's decision is always judged in relation to the unique context or circumstances in whi