UNL BLAW 371 EXAM #3 STUDY GUIDE 2026
Definition of a tort - Answers -trying to remedy in a personal nature of harm done to
someone (monetarty)
Criminal v. Tort law - Answers -who is the person asking for the remedy
Criminal - Answers -remedy is the punishment imposed by the government
Tort - Answers -personal; you suing someone else for the harm they did to you
(monetary)
Tort law - Answers -comes from judge made law (evolving nature)
Criminal Law - Answers -statutory; government gives you notice of what the crime is
(theft, D.U.I, murder)
Burden of proof - Answers -Criminal: beyond a reasonable doubt
Civil: preponderance of the evidence
Classifications of torts:
Negligence - Answers -have to have a breach (act or omission) of duty of care to
another person (owe to person that is injured)
Omission - Answers -Did not do something that you should have done
Proximate cause - Answers -link between breach and damage
but for: factual link
determination of legal cause (compensation)
Palsgraf v. Long Island Railroad - Answers -Tort: Negligence
Element: Duty of Care
There must be a direct foreseeable link between the negligent act and the damage.
Injury caused to a party of sufficient distance in an unforeseeable manner does not
attract a duty of care.
Gezci v. Lifetime Fitness - Answers -Tort: Negligence
Element: Duty of Care
if the client has signed a wavier saying that the staff is not reliable for the negligence in
equipment breaking down
Superseding acts - Answers -The tortfeasor is still responsible for the victim's injury—
unless the event leads to an unforeseeable result
, Comparative Negligence - Answers -compare and contrast the negligence percentage
Contributory Negligence - Answers -Plaintiff negligence more than slight, wont be able
to recover
He loses/no money
Intentional Torts:
assault - Answers -putting someone in immediate fear of death or bodily injury
(words/actions)
Intentional Torts:
battery - Answers -unwanted touching according to the standard of a reasonable
person
Intentional Torts:
defemation - Answers -lying about someone with the intent to cause harm to the
community
factually false
say it to person its not a slander/libel statement
Intentional Torts:
libel - Answers -written word/damages: plaintiff doesn't have to prove specific damages
Intentional Torts:
slander - Answers -spoken word/damages: have to prove actual damage/slander per
se (exception)
Assumption of risk - Answers -assume risk of injury
Ex: Baseball game foul balls
Fraud and Misrepresentation - Answers -- deliberate deception
- fraud most be alleged specifically
- intent to commit fraud must be alleged (malice intent)
- can occur in a variety of business dealings
Product liability - History and Evolution - Answers -- general term that is based not only
on tort law but also contract law v. statutory law
- concerns that liability of those designs, make and market products
- those who make, sell, or lease goods can be held liable for physical harm or property
damage that those goods came
Privity - Answers -- the relationship that exists between the promisor and the promisee
of a contract
- without privity the manufacturer, no liability for the manufacturers of the product
Definition of a tort - Answers -trying to remedy in a personal nature of harm done to
someone (monetarty)
Criminal v. Tort law - Answers -who is the person asking for the remedy
Criminal - Answers -remedy is the punishment imposed by the government
Tort - Answers -personal; you suing someone else for the harm they did to you
(monetary)
Tort law - Answers -comes from judge made law (evolving nature)
Criminal Law - Answers -statutory; government gives you notice of what the crime is
(theft, D.U.I, murder)
Burden of proof - Answers -Criminal: beyond a reasonable doubt
Civil: preponderance of the evidence
Classifications of torts:
Negligence - Answers -have to have a breach (act or omission) of duty of care to
another person (owe to person that is injured)
Omission - Answers -Did not do something that you should have done
Proximate cause - Answers -link between breach and damage
but for: factual link
determination of legal cause (compensation)
Palsgraf v. Long Island Railroad - Answers -Tort: Negligence
Element: Duty of Care
There must be a direct foreseeable link between the negligent act and the damage.
Injury caused to a party of sufficient distance in an unforeseeable manner does not
attract a duty of care.
Gezci v. Lifetime Fitness - Answers -Tort: Negligence
Element: Duty of Care
if the client has signed a wavier saying that the staff is not reliable for the negligence in
equipment breaking down
Superseding acts - Answers -The tortfeasor is still responsible for the victim's injury—
unless the event leads to an unforeseeable result
, Comparative Negligence - Answers -compare and contrast the negligence percentage
Contributory Negligence - Answers -Plaintiff negligence more than slight, wont be able
to recover
He loses/no money
Intentional Torts:
assault - Answers -putting someone in immediate fear of death or bodily injury
(words/actions)
Intentional Torts:
battery - Answers -unwanted touching according to the standard of a reasonable
person
Intentional Torts:
defemation - Answers -lying about someone with the intent to cause harm to the
community
factually false
say it to person its not a slander/libel statement
Intentional Torts:
libel - Answers -written word/damages: plaintiff doesn't have to prove specific damages
Intentional Torts:
slander - Answers -spoken word/damages: have to prove actual damage/slander per
se (exception)
Assumption of risk - Answers -assume risk of injury
Ex: Baseball game foul balls
Fraud and Misrepresentation - Answers -- deliberate deception
- fraud most be alleged specifically
- intent to commit fraud must be alleged (malice intent)
- can occur in a variety of business dealings
Product liability - History and Evolution - Answers -- general term that is based not only
on tort law but also contract law v. statutory law
- concerns that liability of those designs, make and market products
- those who make, sell, or lease goods can be held liable for physical harm or property
damage that those goods came
Privity - Answers -- the relationship that exists between the promisor and the promisee
of a contract
- without privity the manufacturer, no liability for the manufacturers of the product
