LEB 323 Exam 2 Questions with
Correct Answers 100% PASS
Tort definition - CORRECT ANSWER-a civil wrong or harm, other than a
breach of contract, for which the law provides the injured party a remedy for the
loss sustained
Two key concepts of tort law - CORRECT ANSWER-1) interest sufficiently
important that the law is prepared to provide certain protections to that interest
2) duty on the part of each person to take or not to take actions that could harm or
violate an interest that society has seen fit to protect
4 elements of negligence - CORRECT ANSWER-1. D owed a duty of care
2. Breached the duty of care
3. Proximate cause
4. Injury to P
Elements of negligence cause of action - CORRECT ANSWER-Defendent has to
have been under a duty to Plaintiff to use reasonable care
We have no duty to __________ but ___________ so_____________ -
CORRECT ANSWER--control the acts of others
,-changing social conditions can lead to new duties
-employers control over employee creates a duty that provides a basis for liability
D has to have breached the duty of due care (2) - CORRECT ANSWER-1) D fails
to act reasonably in the situation at issue
2)Negligence per se
Negligence per se: D must violate a statute and: (3) - CORRECT ANSWER-1. P is
within the class of persons intended to be protected
2. P suffers the type of injury the statute is meant to prevent
3. Violation of the statute causes injuries
2 Examples of negligence per se include violations of: - CORRECT ANSWER-1.
Dram shop statutes (making it illegal to serve alcohol to a minor)
2. Speed limits
Proximate causation = (2) - CORRECT ANSWER-1) "but for" causation
2) reasonably foreseeable that damage could result
Proximate cause can be disrupted by: - CORRECT ANSWER-an independent
intervening cause
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, Example of proximate cause being disrupted by an independent intervening cause -
CORRECT ANSWER-Adrian driving down street and comes to intersection that
is blocked by accident bc of Chads negligence. Adrian turns around and tries to go
back but struck by tree and crashes car. Would argue "but for" chandlers
negligence she would not have been anywhere near falling tree.....
Tree falling = independent intervening cause
Rule: Proximity - CORRECT ANSWER-an intervening cause that can reasonably
be foreseen by the defendant is usually insufficient to break the casual train.
4 types of injuries - CORRECT ANSWER-1. physical
2. economic
3. pain and suffering
4. emotional
Exceptions to P suffering injuries. Emotional damagers are recoverable however
note that: - CORRECT ANSWER-physical injury
zone of danger
bystander
3 Bystander Test - CORRECT ANSWER-1. Whether plaintiff was located near
the scene of the accident
Correct Answers 100% PASS
Tort definition - CORRECT ANSWER-a civil wrong or harm, other than a
breach of contract, for which the law provides the injured party a remedy for the
loss sustained
Two key concepts of tort law - CORRECT ANSWER-1) interest sufficiently
important that the law is prepared to provide certain protections to that interest
2) duty on the part of each person to take or not to take actions that could harm or
violate an interest that society has seen fit to protect
4 elements of negligence - CORRECT ANSWER-1. D owed a duty of care
2. Breached the duty of care
3. Proximate cause
4. Injury to P
Elements of negligence cause of action - CORRECT ANSWER-Defendent has to
have been under a duty to Plaintiff to use reasonable care
We have no duty to __________ but ___________ so_____________ -
CORRECT ANSWER--control the acts of others
,-changing social conditions can lead to new duties
-employers control over employee creates a duty that provides a basis for liability
D has to have breached the duty of due care (2) - CORRECT ANSWER-1) D fails
to act reasonably in the situation at issue
2)Negligence per se
Negligence per se: D must violate a statute and: (3) - CORRECT ANSWER-1. P is
within the class of persons intended to be protected
2. P suffers the type of injury the statute is meant to prevent
3. Violation of the statute causes injuries
2 Examples of negligence per se include violations of: - CORRECT ANSWER-1.
Dram shop statutes (making it illegal to serve alcohol to a minor)
2. Speed limits
Proximate causation = (2) - CORRECT ANSWER-1) "but for" causation
2) reasonably foreseeable that damage could result
Proximate cause can be disrupted by: - CORRECT ANSWER-an independent
intervening cause
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
, Example of proximate cause being disrupted by an independent intervening cause -
CORRECT ANSWER-Adrian driving down street and comes to intersection that
is blocked by accident bc of Chads negligence. Adrian turns around and tries to go
back but struck by tree and crashes car. Would argue "but for" chandlers
negligence she would not have been anywhere near falling tree.....
Tree falling = independent intervening cause
Rule: Proximity - CORRECT ANSWER-an intervening cause that can reasonably
be foreseen by the defendant is usually insufficient to break the casual train.
4 types of injuries - CORRECT ANSWER-1. physical
2. economic
3. pain and suffering
4. emotional
Exceptions to P suffering injuries. Emotional damagers are recoverable however
note that: - CORRECT ANSWER-physical injury
zone of danger
bystander
3 Bystander Test - CORRECT ANSWER-1. Whether plaintiff was located near
the scene of the accident
