QUESTIONS AND ANSWERS ALREADY
PASSED 2025 LATEST ACTUAL
EXAMINATION PAPER 2026 QUESTIONS
WITH ANSWERS GRADED A+
⩥ Negligence. Answer: duty, failure of the defendant to conform
(breach), injury (damages)
⩥ Tort reform. Answer: proposed changes in civil justice system that
would reduce tort litigation or damages; procedural limits on ability to
file claims and cap damages
⩥ Compensatory damages. Answer: plaintiff with the monetary amount
necessary to replace what was lost and nothing more
⩥ Punitive damages. Answer: defendant's conduct is found especially
reprehensible; punish defendant's conduct and deter, plaintiffs do not
keep punitive damages
⩥ Strict liability. Answer: liability without fault, developed in cases of
persons who gained personal benefit from unsafe and dangerous
situations; ultra-hazardous or abnormally dangerous
,⩥ Gross negligence. Answer: voluntary disregard of the need to use
reasonable care, likely to cause foreseeable injury; can result in award of
punitive damages
⩥ Negligence per se. Answer: violation of statute designed to protect the
public; main basis of liability; standard of care is set by statute
⩥ Escola v. Coca Cola. Answer: Justice Traynor's Concurrence:
Manufacture has liability when a product is placed on the market
knowing it will be used without inspection
⩥ Palsgraf v. Long Island Railroad. Answer: Cannot be held liable for
actions that cannot be held reasonably foreseen
⩥ Case-in-fact. Answer: But-for test, not used in the modern legal
system
⩥ Proximate cause. Answer: relationship between the negligent act and
the infliction of damages, which requires an unbroken chain of events
⩥ Foreseeability. Answer: could be reasonably predicted
, ⩥ Schafer v. Hoffman. Answer: Schafer cannot escape liability because
of Hoffman's pre-existing condition at the time of the accident; Eggshell
Plaintiff Rule
⩥ Respondent Superior. Answer: Common-law doctrine that states a
party is liable for the actions of its agents
⩥ Contributory negligence. Answer: plaintiff injured by their own
negligence and injuries party would not be entitled to collect any
damages
⩥ Comparative pure. Answer: Plaintiff's negligence will reduce recovery
based on percentage determined by the court
⩥ Modified. Answer: each party is responsible based on their percentage
⩥ Assumption of the risk. Answer: avoid liability because the plaintiff
voluntarily consented to encounter a known danger created by the
defendant's negligence
⩥ Gross negligence and intention acts. Answer: cannot waive
responsibility for gross negligence
⩥ Res ispa loquitor. Answer: the thing speaks for itself; evidence is in
control of the defendant