TORTS FINAL EXAM Questions with Complete Solutions (Latest 2025)
HOW DO WE TREAT DEFENDANTS WITH SPECIAL
CHARACTERISTICS? - Correct Answers ✅CHILDREN AGES 6-
13:
HELD TO THE S.O.C. OF THE "REASONABLE CHILD" OF THE
SAME: (1) AGE;
(2) INTELLIGENCE;
(3) EXPERIENCE; and
(4) CAPACITY ACTING UNDER THE SAME OR SIMILAR
CIRCUMSTANCES
-CHILDREN OF "TENDER YEARS" (≤ 5 YEARS OLD) ARE NOT
CAPABLE OF NEGLIGENT CONDUCT AS A MATTER OF LAW
-A CHILD ≥ 14 YEARS OLD IS HELD TO ADULT "ORDINARY CARE" S.O.C.OBJECTIVE STANDARD OF CARE - Correct Answers
✅*W.W.R.P.D-U.S.S.C.???
•DEFENDANT'S CONDUCT IS OBJECTIVELY MEASURED
AGAINST THE CONDUCT OF OUR HERO, THE HYPOTHETICAL
"REASONABLE PERSON" ACTING UNDER THE SAME OR
SIMILAR CIRCUMSTANCES.
GOOD SAMARITAN STATUTES - Correct Answers ✅•Provides Qualified Immunity For "Good Samaritans" •Must Render Aid In Good Faith 1 / 4
TORTS FINAL EXAM Questions with Complete Solutions (Latest 2025) •Must Not Worsen Victim's Condition Willfully, Wantonly, or through Gross Negligence
•Rationale: Immunity Encourages People To Render
Emergency Assistance-i.e., No One Will Stop To Render Aid If They Fear They Will Be Sued As A Result •Consider the "Jilted Doctor Good Samaritan" Premises Liability - Correct Answers ✅A "Hybrid" cause of action between "property owner and negligence" law.COMMON LIABILITY SCENARIOS - Correct Answers ✅•Victim Slips, Trips or Falls on the property •Victim Falls into something •Something Falls on to the Victim •Victim Suffers Dangerous Animal Attack •Victim injured by Construction Defects •Victim injured by Premises Defects caused by Dangerous Activities on the land (not ongoing at time) •Victim injured by Unchecked Foreseeable Third-party Criminal Conduct Premises liability case key questions - Correct Answers ✅•Under what circumstances can a Landowner or Occupier be held liable for injury or death to a person upon their Premises? 2 / 4
TORTS FINAL EXAM Questions with Complete Solutions (Latest 2025) •What conditions or uses of the property can give rise to liability of the Premises Owner / Occupier?What conditions or uses of the property can give rise to liability of the Premises Owner / Occupier? - Correct Answers ✅•DANGEROUS CONDITIONS ON THE LAND ("PREMISES DEFECTS") &
DANGEROUS ACTIVITIES ON THE LAND THAT ARE NOT
ONGOING AT THE TIME OF INJURY (Watering plants and get water on floor. later that day someone slips because they didn't see the water or you watering the plants).Dangerous activity case - Correct Answers ✅-Dangerous
activity has seized resulting in premises defect: premises
liability law applies.
-Dangerous activity is ongoing at time of injury: You can only
sue for negligence.Whenever a person is injured on another's property and sues the person who owns or is in possession of the property you
must determine: - Correct Answers ✅1) Determine the
plaintiff's "status" on the land at the time of injury.2) Determine the precise duty that attaches to an individual having that status. (What duty does the owner liable to an invitee/licensee/trespasser? 3 / 4
TORTS FINAL EXAM Questions with Complete Solutions (Latest 2025)
Duty to Trespassers - Correct Answers ✅Very low: Known
Trespasser.
•CAN'T INJURE WILLFULLY, WANTONLY OR THROUGH GROSS
NEGLIGENCE
No duty: Unknown Trespasser.
Duty Not To Injure Through Willful, Wanton Or Gross Negligence Duty to licensee - Correct Answers ✅Medium duty.•Duty To Warn Or Repair •Known Defects Duty Not To Injure Through Willful, Wanton Or Gross Negligence Duty to invitee - Correct Answers ✅Highest Duty.•Duty To Warn Or Repair Known Defects •Duty To Inspect For Hidden / Latent Defects •Duty Not To Injure Through Willful, Wanton Or Gross Negligence
Typical Invitee: - Correct Answers ✅-Business patrons
-Members of a club -Members of a church -A child who accompanies a parent to a location -Tenants
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