Accounting 215 Exam 2 Iowa State
University Fully Answered And Passed.
Sources of tort law - Answer Common Law and Statutory Law
Intentional tort - Answer a wrongful act that was knowingly committed
Unintentional tort - Answer a wrongful act that was not knowingly committed (negligence)
Tortfeasor - Answer one who commits a tort
Negligence (unintentional) - Answer Occurs when the plaintiff is injured because of defendant's breach
of duty of care
Negligence Test - Answer 1. Did the defendant owe a duty of care?
2. Did the defendant breach that duty?
3. Did the plaintiff suffer recognizable injury?
4. Was the defendant's breach the factual and proximate cause of the injury?
Duty of Care - Answer A person owes a duty of care towards those around them or who own land
around them (Q1)
Reasonable Care - Answer Duty to act with reasonable care towards others based upon a reasonable
person standard (Q2)
Duty of Professionals - Answer Duty of care for a professional focuses on the skill set of the reasonable
professional in that field and not merely the reasonable person found in society. Malpractice
(negligence) is often the resulting claim.
,Injury Requirement and Damages - Answer Injury has to result for damages to awarded (Q3). Plaintiff
has to prove causation (Q4).
Causation in Fact - Answer act or omission caused the damage ("But for" test)
Proximate cause - Answer strong enough connection to justify holding the defendant responsible.
(foreseeable?)
Palsgraf v. Long Island Railroad Co. - Answer Plaintiff was waiting for a train on the platform and a
package of fireworks falls to the ground and injures plaintiff. Plaintiff was unable to recover damages
because harm was not foreseeable (proximate causation)
Res Ipsa Loquitur - Answer "The facts speak for themselves"
Helps plaintiff create a presumption of negligence on the defendant. Example: plaintiff can't move knee
after knee surgery.
Negligence Per Se - Answer Plaintiff must prove 3 things
-Plaintiff was owed a D of C
-The defendant committed the conduct prohibited by the statute in question
-Statute was designed to prevent this type of injury
(Ex. Speeding and causing an accident)
Assumption of Risk - Answer Plaintiff entered into the situation knowing the risks. Needs to show that
the plaintiff knew of the risk and assumed the risk. (Defense to Negligence)
Intervening Cause - Answer Something that breaks the chain of causation. (Defense to Negligence)
Contributory Negligence - Answer Under common law any contributory negligence provided by the
plaintiff would prevent recovery by the plaintiff. In some states contributory negligence is not a bar to
recovery if there is a "last clear chance" for the defendant to avoid the harm.
, Comparative Negligence - Answer The court looks at the fault of the defendant and compares it to the
fault of the plaintiff. Recovery on the part of the plaintiffs then reduced by their contribution to the
incident.
Comparative Fault - Answer Sees how plaintiffs prior actions cause the defendants negligence.
Danger Invites Rescue - Answer Just because a third party was negligent does not relieve the defendant
of liability if he created the danger that invited rescue by a third party.
Good Samaritan Protection Laws - Answer Protect Good Samaritans against negligence lawsuits
Dram Shop Acts - Answer Cannot serve those who are intoxicated or you may be liable for their
damages
Strict liability - Answer Courts may impose strict liability when defendants engage in severely
dangerous activities
Product liability - Answer Manufacturers and distributors are held to strict liability for product defects
Assault - Answer Actions intended to make another person fearful of immediate physical harm.
Requires defendant to put the plaintiff in immediate harm by words or actions, a reasonable person in
the same situation would be fearful, and the defendant not having permission to act.
Battery - Answer the un-consented to and intentional touching of another person which results in
harmful contact or offensive contact. Requires defendant to touch plaintiff, touching was unwelcome, a
reasonable person would find touching harmful or offensive, and the defendant had no permission.
Defenses to Assault and Battery - Answer Consent, self defense, defense of others, defense of property,
these come with a reasonableness standard.
False Imprisonment - Answer The intentional confinement or restraint of another person's activities
without justification. Can't have a safe escape and must be detained by present threat.
University Fully Answered And Passed.
Sources of tort law - Answer Common Law and Statutory Law
Intentional tort - Answer a wrongful act that was knowingly committed
Unintentional tort - Answer a wrongful act that was not knowingly committed (negligence)
Tortfeasor - Answer one who commits a tort
Negligence (unintentional) - Answer Occurs when the plaintiff is injured because of defendant's breach
of duty of care
Negligence Test - Answer 1. Did the defendant owe a duty of care?
2. Did the defendant breach that duty?
3. Did the plaintiff suffer recognizable injury?
4. Was the defendant's breach the factual and proximate cause of the injury?
Duty of Care - Answer A person owes a duty of care towards those around them or who own land
around them (Q1)
Reasonable Care - Answer Duty to act with reasonable care towards others based upon a reasonable
person standard (Q2)
Duty of Professionals - Answer Duty of care for a professional focuses on the skill set of the reasonable
professional in that field and not merely the reasonable person found in society. Malpractice
(negligence) is often the resulting claim.
,Injury Requirement and Damages - Answer Injury has to result for damages to awarded (Q3). Plaintiff
has to prove causation (Q4).
Causation in Fact - Answer act or omission caused the damage ("But for" test)
Proximate cause - Answer strong enough connection to justify holding the defendant responsible.
(foreseeable?)
Palsgraf v. Long Island Railroad Co. - Answer Plaintiff was waiting for a train on the platform and a
package of fireworks falls to the ground and injures plaintiff. Plaintiff was unable to recover damages
because harm was not foreseeable (proximate causation)
Res Ipsa Loquitur - Answer "The facts speak for themselves"
Helps plaintiff create a presumption of negligence on the defendant. Example: plaintiff can't move knee
after knee surgery.
Negligence Per Se - Answer Plaintiff must prove 3 things
-Plaintiff was owed a D of C
-The defendant committed the conduct prohibited by the statute in question
-Statute was designed to prevent this type of injury
(Ex. Speeding and causing an accident)
Assumption of Risk - Answer Plaintiff entered into the situation knowing the risks. Needs to show that
the plaintiff knew of the risk and assumed the risk. (Defense to Negligence)
Intervening Cause - Answer Something that breaks the chain of causation. (Defense to Negligence)
Contributory Negligence - Answer Under common law any contributory negligence provided by the
plaintiff would prevent recovery by the plaintiff. In some states contributory negligence is not a bar to
recovery if there is a "last clear chance" for the defendant to avoid the harm.
, Comparative Negligence - Answer The court looks at the fault of the defendant and compares it to the
fault of the plaintiff. Recovery on the part of the plaintiffs then reduced by their contribution to the
incident.
Comparative Fault - Answer Sees how plaintiffs prior actions cause the defendants negligence.
Danger Invites Rescue - Answer Just because a third party was negligent does not relieve the defendant
of liability if he created the danger that invited rescue by a third party.
Good Samaritan Protection Laws - Answer Protect Good Samaritans against negligence lawsuits
Dram Shop Acts - Answer Cannot serve those who are intoxicated or you may be liable for their
damages
Strict liability - Answer Courts may impose strict liability when defendants engage in severely
dangerous activities
Product liability - Answer Manufacturers and distributors are held to strict liability for product defects
Assault - Answer Actions intended to make another person fearful of immediate physical harm.
Requires defendant to put the plaintiff in immediate harm by words or actions, a reasonable person in
the same situation would be fearful, and the defendant not having permission to act.
Battery - Answer the un-consented to and intentional touching of another person which results in
harmful contact or offensive contact. Requires defendant to touch plaintiff, touching was unwelcome, a
reasonable person would find touching harmful or offensive, and the defendant had no permission.
Defenses to Assault and Battery - Answer Consent, self defense, defense of others, defense of property,
these come with a reasonableness standard.
False Imprisonment - Answer The intentional confinement or restraint of another person's activities
without justification. Can't have a safe escape and must be detained by present threat.
