harmful act

Question 1.1. Negligence requires intent to commit a harmful act. (Points : 4)

True
False

Question 2.2. Scope of duty is defined in terms of the foreseeability of injury to the victim. (Points : 4)

True
False

Question 3.3. Which type of damages are rarely awarded in negligence cases? (Points : 4)

Compensatory.
Punitive.
Exemplary.
Both A and B.
Both B and C.

Question 4.4. Foreseeable plaintiff’s theory asks (Points : 4)

Did the tortfeasor intend to injure the plaintiff?
Was it reasonably foreseeable that the person hurt would be injured as a result of the tortfeasor’s actions?
Should the tortfeasor have known that his or her actions would cause a specific type of injury?
This concept applies to intentional torts, not negligence.
None of the above.

Question 5.5. Substantial factor analysis states (Points : 4)

The tortfeasor is liable for injuries to the victim if the tortfeasor reasonably should have known that his or her actions would cause injuries.
The tortfeasor did not intend to cause the injuries.
The tortfeasor is liable for injuries to the victim when the tortfeasor’s actions were a substantial factor in producing the harm.
To set the plaintiff’s damages, the court considers how substantially the victim was hurt and how much of a factor the defendant played in causing the harm.

Question 6.6. When a single tortfeasor causes injury, he or she is jointly and severally liable. (Points : 4)

True
False

Question 7.7. Which of the following is not an element of negligence? (Points : 4)

Duty of reasonable care.
Breach of duty.
Causation.
Proximate cause.
All of the above are negligence elements.

Question 8.8. The following might be examples of medical malpractice: (Points : 4)

Lack of informed consent.
Failure to diagnose.
Abandonment.
All of the above.
C and D only.

Question 9.9. Under common law negligence, reasonable care is defined by (Points : 4)

Experience.
Statute.
The reasonable person standard.
The judge’s preference.
None of the above.

Question 10.10. Conrad parked his car on a hill. He forgot to engage the parking brake. The car jumped out of gear, rolled down the hill, and crashed into Alfred’s restaurant, injuring three customers. To whom did Conrad owe a duty of reasonable care? (Points : 4)

Alfred.
The three customers.
Himself.
Both A and B.
Both B and C.

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False
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