2026 COMPLETE QUESTIONS AND
CORRECT ANSWERS
◉ When is scope outside of employment?
Answer: when an employee substantially departs from work routine
solely for their own benefit
◉ Defense of Negligence
Answer: if plaintiff is injured to due their own negligence
◉ Comparative Fault/ Negligence (two types)
Answer: Pure and Modified
◉ Pure Negligence
Answer: plaintiff's negligence will reduce amount plaintiff received
based on % of fault
◉ Modified Negligence
Answer: plaintiff does not recover if they are more or equally
negligent
, ◉ Assumptions of Risk
Answer: defendant can avoid liability if he can prove the plaintiff
consented to the encounter because the danger was then known
(either expressed or implied)
◉ Baseball Rule
Answer: A legal defense used by baseball teams sued by fans injured
by baseballs thrown or batted into the stands by players during the
course of a baseball game. Baseball fans assume the risk of the
obvious dangers of being struck by a thrown or batted ball during a
game.
◉ Contract
Answer: a promise that the law will enforce
◉ Contract elements
Answer: two or more parties, lawful, offer, acceptance, consideration
◉ Legal Capacity
Answer: age, disability, etc.
◉ Assent/ Acceptance
Answer: requires that a 3rd party observer would agree to the terms
if witnessed