BLAW 3310 Exam 2 2026 Exam
Questions with 100% Correct
Answers | Latest Update
Torts - ANSWER ✔✔An injury or wrong committed with or without
force against another person or his properly; a civil wrong that is a
breach of a legal duty owed by the person who commits the tort to the
victim of the tort
Negligence Pg 147 - ANSWER ✔✔The failure to do something that a
reasonable person, guided by the ordinary considerations that regulate
human affairs, would do or the doing of something that a reasonable
person would not do
,"Reasonable person" standard of care - ANSWER ✔✔Represents
how persons in the relevant community ought to behave; a theoretical
concept It describes a hypothetical person who acts in a reasonable
manner under the circumstances. Perfection is not required but errors in
judgment must be reasonable or excusable under circumstances, or
negligence will be found
Professional standard e.g. breach called malpractice - ANSWER
✔✔Medical malpractice; The patient expects the doctor and his
subordinates to adhere to standards that would prevent undue harm and
distress to patients under his or her care
Causation in fact - ANSWER ✔✔An act or omission without which an
event would not have occurred. Courts express this in the form of a rule
commonly referred to as the "but for" rule: the injury to a person would
not have happened but for the conduct of the wrongdoer
Proximate cause - ANSWER ✔✔In tort law, the action of the
defendant that produces the plaintiffs injuries, without which the
injury/damage in question would not have existed
Premises liability e.g. invitee - ANSWER ✔✔An intentional tort, or a
tort based on negligence, when the owner or party with responsibility for
,maintaining certain properly fails to provide adequate safely for vistors to
the properly against criminal attacks or accidents
Palsgraf vs. Long Island Railway Pg 145 - ANSWER
✔✔_____________________ was hit pretty bad on the head after a
railroad worker helped get a man onboard a train, but dropped a
package full of fireworks. The fireworks exploded caused some scales
on the platform, where she was standing, to fall, thus hitting her.
There was no negligence on the part of the railroad, and no proximate
cause in the entire situation. Long Island Railroad Company won the
case.
Case dealt with proximate cause.
Defenses to negligence - ANSWER ✔✔The defense would be when
the plaintiff had knowledge of the danger, voluntarily exposed himself to
the danger, and was injured.
Assumption of Risk - ANSWER ✔✔States a plaintiff may not recover
for the injuries or damages that result from an activity in which the
plaintiff willingly participated.
Exculpatory clause - ANSWER ✔✔A part of a contract that releases
one of the parties from liability for their wrongdoings; not favored at laws
COPYRIGHT©NINJANERD 2025/2026. YEAR PUBLISHED 2026. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY
STATEMENT. ALL RIGHTS RESERVED
3
, Comparative negligence - ANSWER ✔✔A defense to negligence
whereby the plaintiffs damages are reduced by the proportion his fault
bears to the total injury he has suffered
51% Rule for contributory negligence - ANSWER ✔✔The plaintiff
must contribute at least 51% of the negligence for no recovery to be
allowed.
Intentional torts - ANSWER ✔✔Competition among various brands of
a particular product. Interference with business relationship a tort in
which a defendant commits an intentional and unjustified interference
with a plaintiffs valid business dealings that inflicts monetary damage
What is intent? - ANSWER ✔✔First, the person knew what he was
doing. Second, the person knew, or should have known, the possible
consequences of his act. Third, knowing that certain results are likely to
occur.
Assault - ANSWER ✔✔Any word or action intended to cause another
to be in fear of immediate physical harm
Battery - ANSWER ✔✔The intentional unallowed touching of another.
The "touching" may involve a mere touch that is offensive or an act of
violence that causes serious injury
Questions with 100% Correct
Answers | Latest Update
Torts - ANSWER ✔✔An injury or wrong committed with or without
force against another person or his properly; a civil wrong that is a
breach of a legal duty owed by the person who commits the tort to the
victim of the tort
Negligence Pg 147 - ANSWER ✔✔The failure to do something that a
reasonable person, guided by the ordinary considerations that regulate
human affairs, would do or the doing of something that a reasonable
person would not do
,"Reasonable person" standard of care - ANSWER ✔✔Represents
how persons in the relevant community ought to behave; a theoretical
concept It describes a hypothetical person who acts in a reasonable
manner under the circumstances. Perfection is not required but errors in
judgment must be reasonable or excusable under circumstances, or
negligence will be found
Professional standard e.g. breach called malpractice - ANSWER
✔✔Medical malpractice; The patient expects the doctor and his
subordinates to adhere to standards that would prevent undue harm and
distress to patients under his or her care
Causation in fact - ANSWER ✔✔An act or omission without which an
event would not have occurred. Courts express this in the form of a rule
commonly referred to as the "but for" rule: the injury to a person would
not have happened but for the conduct of the wrongdoer
Proximate cause - ANSWER ✔✔In tort law, the action of the
defendant that produces the plaintiffs injuries, without which the
injury/damage in question would not have existed
Premises liability e.g. invitee - ANSWER ✔✔An intentional tort, or a
tort based on negligence, when the owner or party with responsibility for
,maintaining certain properly fails to provide adequate safely for vistors to
the properly against criminal attacks or accidents
Palsgraf vs. Long Island Railway Pg 145 - ANSWER
✔✔_____________________ was hit pretty bad on the head after a
railroad worker helped get a man onboard a train, but dropped a
package full of fireworks. The fireworks exploded caused some scales
on the platform, where she was standing, to fall, thus hitting her.
There was no negligence on the part of the railroad, and no proximate
cause in the entire situation. Long Island Railroad Company won the
case.
Case dealt with proximate cause.
Defenses to negligence - ANSWER ✔✔The defense would be when
the plaintiff had knowledge of the danger, voluntarily exposed himself to
the danger, and was injured.
Assumption of Risk - ANSWER ✔✔States a plaintiff may not recover
for the injuries or damages that result from an activity in which the
plaintiff willingly participated.
Exculpatory clause - ANSWER ✔✔A part of a contract that releases
one of the parties from liability for their wrongdoings; not favored at laws
COPYRIGHT©NINJANERD 2025/2026. YEAR PUBLISHED 2026. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY
STATEMENT. ALL RIGHTS RESERVED
3
, Comparative negligence - ANSWER ✔✔A defense to negligence
whereby the plaintiffs damages are reduced by the proportion his fault
bears to the total injury he has suffered
51% Rule for contributory negligence - ANSWER ✔✔The plaintiff
must contribute at least 51% of the negligence for no recovery to be
allowed.
Intentional torts - ANSWER ✔✔Competition among various brands of
a particular product. Interference with business relationship a tort in
which a defendant commits an intentional and unjustified interference
with a plaintiffs valid business dealings that inflicts monetary damage
What is intent? - ANSWER ✔✔First, the person knew what he was
doing. Second, the person knew, or should have known, the possible
consequences of his act. Third, knowing that certain results are likely to
occur.
Assault - ANSWER ✔✔Any word or action intended to cause another
to be in fear of immediate physical harm
Battery - ANSWER ✔✔The intentional unallowed touching of another.
The "touching" may involve a mere touch that is offensive or an act of
violence that causes serious injury
