BLAW 310 EVALUATION EXAM 2026 QUESTIONS AND
ANSWERS GRADED A+
✔✔proximate cause - ✔✔Legal cause that exists when the connection between an act
and an injury is strong enough to justify imposing liability
ex) Ackerman case
✔✔assumption of risk
superseding event
contributory and comparative negligence - ✔✔what are the defenses to negligence?
✔✔assumption of risk - ✔✔knowing of risk and still taking the chance (voluntary)
✔✔superseding event - ✔✔an unforeseeable intervening event may break the
connection between a wrongful act and an injury to another
relieves defendant of liability for extra injuries
✔✔contributory negligence - ✔✔A rule in tort law, used in only a few states, that
completely bars the plaintiff from recovering any damages if the damage suffered is
partly the plaintiff's own fault
✔✔comparative negligence - ✔✔A rule in tort law, used in the majority of states, that
reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than
barring recovery completely
✔✔Res Ipsa Loquitur
Negligence Per Se
Good Samaritan Statute
Dram Shop Act - ✔✔what are special negligence statutes?
✔✔Res Ispa Loquitur - ✔✔A doctrine under which negligence may be inferred simply
because an event occurred, if it is the type of event that would not occur in the absence
of negligence
means "the facts speak for themselves"
✔✔Negligence Per Se - ✔✔An action or failure to act in violation of a statutory
requirement
✔✔Good Samaritan Statute - ✔✔A state statute stipulating that persons who provide
emergency services to, or rescue, someone in peril cannot be sued for negligence,
unless they act recklessly, thereby causing further harm
, ✔✔Dram Shop Act - ✔✔A state statute that imposes liability on the owners of bars and
taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting
from accidents caused by intoxicated persons when the sellers or servers of alcoholic
drinks contributed to the intoxication
✔✔strict liability - ✔✔liability that is imposed on certain activities regardless of fault
abnormally dangerous activities
✔✔product liability - ✔✔The legal liability of manufacturers, sellers, and lessors of
goods to consumers, users, and bystanders for injuries or damages that are caused by
the goods
inadequate warnings
foreseeable damage and misuse
✔✔manufacturers, sellers, lessors - ✔✔who does product liability apply to?
✔✔consumers, users, bystanders - ✔✔who can make a claim on product liability?
✔✔no privy of contract and companies can absorb costs of injuries - ✔✔consumers
should be protected and can't escape liability due to what?
✔✔product defective when bought
defendant engaged in business of selling
product is unreasonably dangerous
plaintiff incurred physical harm
defective condition is proximate cause of injury
product not substantially changed - ✔✔what are the requirements for strict product
liability?
✔✔it was defective at the time it left the hands of the seller and condition made it
unreasonably dangerous - ✔✔the plaintiff doesn't have to show why or how a product
became defective but must prove what?
✔✔unreasonably dangerous product - ✔✔A product that is so defective that it is
dangerous beyond the expectation of an ordinary consumer or a product for which a
less dangerous alternative was feasible but the manufacturer failed to produce it
✔✔manufacturing defect - ✔✔product departs from its intended design even though all
possible care was exercised in the preparation and marketing of the product
ANSWERS GRADED A+
✔✔proximate cause - ✔✔Legal cause that exists when the connection between an act
and an injury is strong enough to justify imposing liability
ex) Ackerman case
✔✔assumption of risk
superseding event
contributory and comparative negligence - ✔✔what are the defenses to negligence?
✔✔assumption of risk - ✔✔knowing of risk and still taking the chance (voluntary)
✔✔superseding event - ✔✔an unforeseeable intervening event may break the
connection between a wrongful act and an injury to another
relieves defendant of liability for extra injuries
✔✔contributory negligence - ✔✔A rule in tort law, used in only a few states, that
completely bars the plaintiff from recovering any damages if the damage suffered is
partly the plaintiff's own fault
✔✔comparative negligence - ✔✔A rule in tort law, used in the majority of states, that
reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than
barring recovery completely
✔✔Res Ipsa Loquitur
Negligence Per Se
Good Samaritan Statute
Dram Shop Act - ✔✔what are special negligence statutes?
✔✔Res Ispa Loquitur - ✔✔A doctrine under which negligence may be inferred simply
because an event occurred, if it is the type of event that would not occur in the absence
of negligence
means "the facts speak for themselves"
✔✔Negligence Per Se - ✔✔An action or failure to act in violation of a statutory
requirement
✔✔Good Samaritan Statute - ✔✔A state statute stipulating that persons who provide
emergency services to, or rescue, someone in peril cannot be sued for negligence,
unless they act recklessly, thereby causing further harm
, ✔✔Dram Shop Act - ✔✔A state statute that imposes liability on the owners of bars and
taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting
from accidents caused by intoxicated persons when the sellers or servers of alcoholic
drinks contributed to the intoxication
✔✔strict liability - ✔✔liability that is imposed on certain activities regardless of fault
abnormally dangerous activities
✔✔product liability - ✔✔The legal liability of manufacturers, sellers, and lessors of
goods to consumers, users, and bystanders for injuries or damages that are caused by
the goods
inadequate warnings
foreseeable damage and misuse
✔✔manufacturers, sellers, lessors - ✔✔who does product liability apply to?
✔✔consumers, users, bystanders - ✔✔who can make a claim on product liability?
✔✔no privy of contract and companies can absorb costs of injuries - ✔✔consumers
should be protected and can't escape liability due to what?
✔✔product defective when bought
defendant engaged in business of selling
product is unreasonably dangerous
plaintiff incurred physical harm
defective condition is proximate cause of injury
product not substantially changed - ✔✔what are the requirements for strict product
liability?
✔✔it was defective at the time it left the hands of the seller and condition made it
unreasonably dangerous - ✔✔the plaintiff doesn't have to show why or how a product
became defective but must prove what?
✔✔unreasonably dangerous product - ✔✔A product that is so defective that it is
dangerous beyond the expectation of an ordinary consumer or a product for which a
less dangerous alternative was feasible but the manufacturer failed to produce it
✔✔manufacturing defect - ✔✔product departs from its intended design even though all
possible care was exercised in the preparation and marketing of the product
