Torts Exam 2025 Questions and
Answers
Elements of Negligence - --Answer --1. duty
2. breach
3. causation
4. damages
Establishing Duty - --Answer --In general, one has a duty to be reasonably
careful.
- Ways to determine?
1. common knowledge
2. statute
3. foreseeability
4. expert opinions
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,5. industry standard
Professional Negligence - --Answer --Professionals are held to national
industry standards, NOT the expereince of the individual
this standard is OBJECTIVE
ex: "Reasonably prudent pilot" NOT "a pilot with JFK's experience"
Breach - --Answer --duty is where we set the bar, breach is if you are over or
under that bar of standard of care owed to another
caustation - --Answer --asks "did the breach cause the damages?"
must satisfy both cause in fact AND proximate cause
causation in fact - --Answer --"but for" causation
If "but for" doesn't work, the actor's negligence must have been a SUBSTANTIAL
FACTOR in contributing to the harm (2 fires case)
must be more than remote or trivial relationship to harm done
does not have to be the only cause
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, proving causation in fact - --Answer --- must prove by preponderance of the
evidence
- burden of proof rests on plaintiff
proximate cause - --Answer --The harm done is a natural and probable
consequence of the negligent action
must be close in time and space - cannot be too attenuated with too many
intervening variables
Palsgraf Rule - --Answer --Zone of danger rule
- freeze time right before harm occurs
- who would you expect to be injured by the negligent action?
- this is whats "forseeable" in determining proximate cause
Polemis Rule - --Answer --Severity of damage does not matter - actor is
liable for ANY harm that occurs from a forseeably negligent act
- ex: when the movers negligently dropped the plank, it was forseeable that
someone would get hurt/some damage would occur. The fact that nobody could
have forseen the whole ship burning down does not matter.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
Answers
Elements of Negligence - --Answer --1. duty
2. breach
3. causation
4. damages
Establishing Duty - --Answer --In general, one has a duty to be reasonably
careful.
- Ways to determine?
1. common knowledge
2. statute
3. foreseeability
4. expert opinions
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,5. industry standard
Professional Negligence - --Answer --Professionals are held to national
industry standards, NOT the expereince of the individual
this standard is OBJECTIVE
ex: "Reasonably prudent pilot" NOT "a pilot with JFK's experience"
Breach - --Answer --duty is where we set the bar, breach is if you are over or
under that bar of standard of care owed to another
caustation - --Answer --asks "did the breach cause the damages?"
must satisfy both cause in fact AND proximate cause
causation in fact - --Answer --"but for" causation
If "but for" doesn't work, the actor's negligence must have been a SUBSTANTIAL
FACTOR in contributing to the harm (2 fires case)
must be more than remote or trivial relationship to harm done
does not have to be the only cause
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
, proving causation in fact - --Answer --- must prove by preponderance of the
evidence
- burden of proof rests on plaintiff
proximate cause - --Answer --The harm done is a natural and probable
consequence of the negligent action
must be close in time and space - cannot be too attenuated with too many
intervening variables
Palsgraf Rule - --Answer --Zone of danger rule
- freeze time right before harm occurs
- who would you expect to be injured by the negligent action?
- this is whats "forseeable" in determining proximate cause
Polemis Rule - --Answer --Severity of damage does not matter - actor is
liable for ANY harm that occurs from a forseeably negligent act
- ex: when the movers negligently dropped the plank, it was forseeable that
someone would get hurt/some damage would occur. The fact that nobody could
have forseen the whole ship burning down does not matter.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
