BANK | 100% CORRECT QUESTIONS
AND SOLUTIONS (UPDATED 2025)
Most common occurrence of false imprisonment - Answer-In healthcare associated with
use of restraints
Strict harm - Answer--product liability
-strict liability
Product liability - Answer-Faulty design
Faulty manufacturing
Failure to warn
Strict harm - Answer-Inherently dangerous items
Ownership only requirement
Damage types - Answer--physical
-mental/emotional
-financial
Damage categories - Answer--compensatory
-consequential
-punitive
Compensatory damages - Answer-Compensatory physical damage
Compensatory mental damage
Compensatory emotional damage
Compensatory financial damage
Consequential damage - Answer-Consequential physical damage
Consequential mental damage
Consequential emotional damage
Consequential financial damage
Punitive damages - Answer--punish tortfeasor
-send a message
-provide for harm that should not have occurred
-directed at defendant
-multimillion dollar jury verdicts
, Mitigation - Answer-To lesson
Legally required
Plaintiffs must - Answer-Militate losses
Patient cannot intentionally make their condition worse and expect defendant to pay -
Answer-Mitigation example
Patient must do everything to lessen injury
Hire a delivery company to transport ice cream and sell for $1000 but they don't show
up. You must try to minimize losses by selling locally for $400. Damages should equal
what you should have made minus local sale. - Answer-Mitigation contract example
1000-400. Or 600 damages
Duty to mitigate means you cannot let your ice cream melt and ask for 1000 damages
Negligence duty - Answer--responsibility
-legal question: is there a duty?
-determined by judge
Negligence breach - Answer--comparison
-what the person was supposed to do?
-what the person did?
Reasonable person standard
Breach of duty - Answer-3 types
Damages; physical mental emotional financial
3 types of Breach of duty - Answer-Malfeasance
Misfeasance
Nonfeasance
Causation - Answer--most difficult element to prove
-using a formulary
-expert witness
-res ipsa loquitur
Using a formulary - Answer-Was the type of damage caused by breach
Res Ipsa Loquitur - Answer-Removes need to determine causation
If present, infers causation
Picture causation as a bridge - Answer-Brings together the elements of breach and
damage
Malpractice - Answer-Professional negligence
-same elements as negligence