Author: Anonymous

Lost wages are and example of special damages.

What is the Learned Hand Formula for evaluating whether a person has acted reasonably?

What is the Restatement (Second) of Torts’ Risk-Utility Test?

In a contributory negligence jurisdiction if a defendant could have avoided the harm at the last minute but did not, then the defendant will be found liable to the plaintiff even though the plaintiff contributed to his own injury.

Jack and Jill are hunting pheasants on a hill. At the same time Miss Muffet is having a picnic in small clearing on the hill. A pheasant flies up and Jack and Jill both fire their shotguns. Miss Muffet is hit by pellets and blinded in one eye. It is impossible to determine whether the pellet that blinded Miss Muffet was fired by Jack or Jill. Assume that the hill is in a state with pure Joint and Several Liability. What are Miss Muffet’s options for recourse? What rights do Jack and Jill have with respect to each other?

Punitive damages are usually not available in a negligence case.

Define duty of reasonable care.

State the elements of a prima facie case of negligence.

Comparative negligence precludes recovery if the Plaintiff is partially responsible for her own injuries.

Actual cause is assessed by using one of two tests: the but-for test or the substantial factor test.