CNST LAW 4302 FINAL REVIEW
ACTUAL EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
Tort -
correct answer ✅A civil wrong committed against a person or
property, excluding breach of contract.
Deter unsafe behavior
Compensate victims
EX: OJ innocent in criminal trial, but guilty in civil
Types of torts -
correct answer ✅intentional and unintentional
Intentional tort -
correct answer ✅A wrongful act knowingly committed.
EX: Assault and Battery
Conversion
,CNST LAW 4302 FINAL REVIEW
ACTUAL EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
unintentional tort -
correct answer ✅negligence
Negligence -
correct answer ✅Act or omission that a reasonable person
would/would not do under certain circumstances, or conduct which
creates an unreasonable risk of injury
elements of negligence -
correct answer ✅Duty
Breach
Causation
Damages
(Must have all 4 or your case will fail)
Joe Jamail -
correct answer ✅King of torts
,CNST LAW 4302 FINAL REVIEW
ACTUAL EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
Negligence per se -
correct answer ✅Violation arises when a tort is committed against
a group of people that a statute or regulation intends to protect.
Such a violation is negligence as a matter of law
Ex: Yield to pedestrian sign. Fail to yield and hit pedestrian
Duties owed on construction projects: Owner -
correct answer ✅Duty to warn workers of dangerous conditions
they're aware of
Civil Practices and remedies code chapter 95
Don't have to warn for open and obvious dangers
Ex: Big fire in middle of property someone walks into
Class of person on property -
correct answer ✅Licensee
Trespasser
Invitee
, CNST LAW 4302 FINAL REVIEW
ACTUAL EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
Duties owed on construction projects: Contractors -
correct answer ✅Provide safe working conditions. Generally, it's a
GC responsibility to provide a safe workplace
Risk can be shifted
Duties owed on construction projects: Design Professional -
correct answer ✅If negligence causes injury to 3rd party, they may
be liable. Typically held to higher standard
Economic Loss Rule
Economic Loss Rule -
correct answer ✅Contractors are not permitted to recover
negligence damages from architects in the absence of a contract
between the architect and contractor.
KC Hyatt catastrophe -
correct answer ✅Worst in US history
Engineered correctly, but shop changed drawings
Engineer didn't catch the wrong in shop drawings and apporved it
He was found to owe a duty of care
ACTUAL EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
Tort -
correct answer ✅A civil wrong committed against a person or
property, excluding breach of contract.
Deter unsafe behavior
Compensate victims
EX: OJ innocent in criminal trial, but guilty in civil
Types of torts -
correct answer ✅intentional and unintentional
Intentional tort -
correct answer ✅A wrongful act knowingly committed.
EX: Assault and Battery
Conversion
,CNST LAW 4302 FINAL REVIEW
ACTUAL EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
unintentional tort -
correct answer ✅negligence
Negligence -
correct answer ✅Act or omission that a reasonable person
would/would not do under certain circumstances, or conduct which
creates an unreasonable risk of injury
elements of negligence -
correct answer ✅Duty
Breach
Causation
Damages
(Must have all 4 or your case will fail)
Joe Jamail -
correct answer ✅King of torts
,CNST LAW 4302 FINAL REVIEW
ACTUAL EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
Negligence per se -
correct answer ✅Violation arises when a tort is committed against
a group of people that a statute or regulation intends to protect.
Such a violation is negligence as a matter of law
Ex: Yield to pedestrian sign. Fail to yield and hit pedestrian
Duties owed on construction projects: Owner -
correct answer ✅Duty to warn workers of dangerous conditions
they're aware of
Civil Practices and remedies code chapter 95
Don't have to warn for open and obvious dangers
Ex: Big fire in middle of property someone walks into
Class of person on property -
correct answer ✅Licensee
Trespasser
Invitee
, CNST LAW 4302 FINAL REVIEW
ACTUAL EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
Duties owed on construction projects: Contractors -
correct answer ✅Provide safe working conditions. Generally, it's a
GC responsibility to provide a safe workplace
Risk can be shifted
Duties owed on construction projects: Design Professional -
correct answer ✅If negligence causes injury to 3rd party, they may
be liable. Typically held to higher standard
Economic Loss Rule
Economic Loss Rule -
correct answer ✅Contractors are not permitted to recover
negligence damages from architects in the absence of a contract
between the architect and contractor.
KC Hyatt catastrophe -
correct answer ✅Worst in US history
Engineered correctly, but shop changed drawings
Engineer didn't catch the wrong in shop drawings and apporved it
He was found to owe a duty of care
