Deck 10: Negligence: a Summary

Question 1

The shorthand definition of negligence is injury or other loss caused by unreasonable conduct.

Answer 1

True

Question 2

Culpability is required for negligence liability. This occurs when the defendant has fallen below a minimum standard of conduct.

Answer 2

True

Question 3

An unavoidable accident is an occurrence that leads to an injury or other loss that was not intended, was not foreseeable, and could not have been prevented by reasonable care.

Answer 3

True

Question 4

Ted crashes into Jim's parked car. Ted was driving 70 mph while talking on his cell phone in a 15 mph zone.

A) Ted committed ordinary negligence.
B) Ted committed gross negligence.
C) The crash was an unavoidable accident.
D) Ted's liability to Jim is the equivalent of an insurer's liability for damage covered by a policy.

Question 5

Actual damages are not always necessary to prove a negligence case.

Question 6

In our legal system, if you cause harm to another, you will be found liable for that harm.

Question 8

The four elements of negligence are duty, breach of duty, proximate cause, and damages.

Question 10

The interest protected by the tort of negligence is the right to protect your person or property from harm caused by intentionally wrongful conduct.

Question 12

The word negligence can refer to the entire tort (negligence) or to one of the elements (breach of duty) of this tort.

Question 13

Gross negligence is the failure to use even a small amount of care to avoid foreseeable harm.

Question 14

The three main categories of torts are strict liability torts, negligence, and insurance.