MILLER CH 6-11 2026 EXAM
QUESTIONS AND ANSWERS |
100% PASS
Torts - ANSWER ✔✔legal wrongs committed against a person,
breach of a duty owed to another person that causes harm
Reasonable person standard of care - ANSWER ✔✔minimum
standard requiring individuals to act as a reasonably prudent person
professional care - ANSWER ✔✔characterized by the application of
the knowledge of a professional discipline, including its science, theory,
practice, and art
,Malpractice - ANSWER ✔✔Failure by a health professional to meet
accepted standards
Causation (causation in fact) - ANSWER ✔✔is established by
evidence showing that a defendants action or inaction is the actual
cause of an injury that would not have occurred but for the defendants
behavior
proximate cause - ANSWER ✔✔limits liability to consequences that
bear a reasonable relationship to the negligent conduct
Premises Liability - ANSWER ✔✔The liability of landowners and
leaseholders for torts that occur on their real property.
Duty Owed to a Business Invitee - ANSWER ✔✔Duty Land occupier
owes to the invitee of rendering the premises reasonably safe was to
known and discoverable dangerous conditions. This includes the duty of
inspecting the premises to discover those defects which a reasonable
inspection would reveal.
Palsgraf v. Long Island Railroad - ANSWER ✔✔Defendant could not
be held liable for an injury that could not be reasonably foreseen. New
York Supreme Court, Appellate Division, reversed and complaint
dismissed.
, Reasonable Foreseeability to defendant - ANSWER ✔✔if the
defendant reasonably should have foreseen the consequences - namely,
the plaintiff's injury - that would result from his or her conduct.
4 Defenses to Negligence - ANSWER ✔✔1. assumption of risk
2. superseding intervening cause
3. contributory negligence
4. comparative negligence
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
exculpatory clause - ANSWER ✔✔a part of a contract that releases
one of the parties from liability for their wrongdoings; not favored at laws
51% rule for contributory negligence - ANSWER ✔✔Plaintiff is 51%
responsible for the harm, will not recover damages
intentional torts - ANSWER ✔✔Harm caused by a deliberate action
what is "intent" - ANSWER ✔✔certainty that an act will lead to a
certain outcome.
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