NYLE—torts Exam Questions and
Answers 100% Pass
Comparative negligence
definition - ✔✔in any action to recover damages, the culpable conduct
attributable to thr claimant or decedent (incl contributory negligence or
assumption of the risk) does not bar recovery
Contributory negligence and assumption of risk
what type of defense? - ✔✔affirmative defense to be pleaded and proved
by party asserting the defense
assumption of the risk
sports rule - ✔✔a participant in sports or recreational activity voluntarily
assumes and consents to the risks inherent in and arising out of the nature
1
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, of the sport generally and which flow from participation: apparent,
reasonable, foreseeable
Implied vs express assumption of risk - ✔✔implied AoR diminishes
damages
express AoR absolves the duty owed to the plaintiff
Violations of state statutes vs municipal ordinance, administrative rule or
regulation - ✔✔violation of state statute that imposes a duty constitutes
negligence per se;
violation of ordinance rule or reg is merely evidence of negligence
Landowner liability: a single standard of reasonable care - ✔✔landowner
must act as a reasonable person in maintaining the premises in a
reasonably safe condition in view of all of the circumstances, including the
likelihood of injury to others, the seriousness of injury, and the burden of
avoiding the risk
Duty: recreational use of property
2
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Answers 100% Pass
Comparative negligence
definition - ✔✔in any action to recover damages, the culpable conduct
attributable to thr claimant or decedent (incl contributory negligence or
assumption of the risk) does not bar recovery
Contributory negligence and assumption of risk
what type of defense? - ✔✔affirmative defense to be pleaded and proved
by party asserting the defense
assumption of the risk
sports rule - ✔✔a participant in sports or recreational activity voluntarily
assumes and consents to the risks inherent in and arising out of the nature
1
100% Pass Guarantee Katelyn Whitman, All Rights
, of the sport generally and which flow from participation: apparent,
reasonable, foreseeable
Implied vs express assumption of risk - ✔✔implied AoR diminishes
damages
express AoR absolves the duty owed to the plaintiff
Violations of state statutes vs municipal ordinance, administrative rule or
regulation - ✔✔violation of state statute that imposes a duty constitutes
negligence per se;
violation of ordinance rule or reg is merely evidence of negligence
Landowner liability: a single standard of reasonable care - ✔✔landowner
must act as a reasonable person in maintaining the premises in a
reasonably safe condition in view of all of the circumstances, including the
likelihood of injury to others, the seriousness of injury, and the burden of
avoiding the risk
Duty: recreational use of property
2
100% Pass Guarantee Katelyn Whitman, All Rights
