CPCU 530 - Chapter 6 Exam | Questions with
100% Correct Answers | Verified | Latest Update
2026/2027
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Terms in this set (105)
What is a tort? A wrongful act or omission that violates a
protected right - can be intentional or
unintentional
What are the four elements of 1. A legal duty to use reasonable care
negligence? 2. A breach of that duty - negligent or failure to act
3. A direct chain of causation from the breach to
injury
4. Monetary damages to the plaintiff as a result of
his injury or damage to his property
What are the three sources of legal 1. Statue
duties? 2. Contract
3. Common law
What is a zone of hazard? The area of danger involved in a person's negligent
act; the law imposes a duty of reasonable care on
everyone in this area
What is the reasonable person test? The required standard of care - "what would a
reasonable person have done in similar
circumstances?"
, The required standard of care makes 1. Physical disabilities, but not insanity or
allowances for what two things? intoxication
2. Individual experience - surgical specialist vs.
rural GP
What is the proximate cause doctrine Requires a direct, unbroken, reasonable
foreseeable, chain of causation from defendants
violation to the plaintiff's injury
What are the four rules for 1. The 'but for' rule
determining proximate cause? 2. The substantial factor rule - if two or more
factors, each is fully liable
3. The foreseeability rule - reasonable probable
injury as consequence of act
4. The proof of defendants responsibility rule
What is an intervening act? An independent act that breaks the chain of
causation from the defendants act to the plaintiffs
injury
What is concurrent causation? Multiple independent acts combine to cause
plaintiff's injury - plaintiff may recover in full from
either
What is the exception to the rule that 1. Negligence per se - violation of a statutory
burden of proof be on the plaintiff? standard
2. Res ipsa loquitur - whatever caused the injury
was in defendants control and such injuries don't
normally occur except in negligence
What is the common defense to Any of the four essential elements is lacking
negligence?
What is contributory negligence? Plaintiffs negligence contributed - bars recovery
100% Correct Answers | Verified | Latest Update
2026/2027
Save
Terms in this set (105)
What is a tort? A wrongful act or omission that violates a
protected right - can be intentional or
unintentional
What are the four elements of 1. A legal duty to use reasonable care
negligence? 2. A breach of that duty - negligent or failure to act
3. A direct chain of causation from the breach to
injury
4. Monetary damages to the plaintiff as a result of
his injury or damage to his property
What are the three sources of legal 1. Statue
duties? 2. Contract
3. Common law
What is a zone of hazard? The area of danger involved in a person's negligent
act; the law imposes a duty of reasonable care on
everyone in this area
What is the reasonable person test? The required standard of care - "what would a
reasonable person have done in similar
circumstances?"
, The required standard of care makes 1. Physical disabilities, but not insanity or
allowances for what two things? intoxication
2. Individual experience - surgical specialist vs.
rural GP
What is the proximate cause doctrine Requires a direct, unbroken, reasonable
foreseeable, chain of causation from defendants
violation to the plaintiff's injury
What are the four rules for 1. The 'but for' rule
determining proximate cause? 2. The substantial factor rule - if two or more
factors, each is fully liable
3. The foreseeability rule - reasonable probable
injury as consequence of act
4. The proof of defendants responsibility rule
What is an intervening act? An independent act that breaks the chain of
causation from the defendants act to the plaintiffs
injury
What is concurrent causation? Multiple independent acts combine to cause
plaintiff's injury - plaintiff may recover in full from
either
What is the exception to the rule that 1. Negligence per se - violation of a statutory
burden of proof be on the plaintiff? standard
2. Res ipsa loquitur - whatever caused the injury
was in defendants control and such injuries don't
normally occur except in negligence
What is the common defense to Any of the four essential elements is lacking
negligence?
What is contributory negligence? Plaintiffs negligence contributed - bars recovery
