12.18.24 Torts Exam

Instructions

No Notes / No Help from other classmates / If you have a question please ask Prof. Catanese - If you would like to "talk out" the fact pattern, you have the option to do that.  Good Luck.

Angie was in charge of her daughter’s carpool every third day. Angie drove her daughter, plus two other children to school, including their neighbor Betty's son, Frank.  On her carpool day, Angie was flustered and tired because she had a lot of errands to run on top of having to get home to continue working on her computer. While driving with the three children, Angie got distracted by one of the children and hit the car in front of her. The accident was very minor and none of the passengers in either car was injured. Angie pulled over and safely parked on the side of the road to exchange information with the other driver.  

While Angie and the kids were seated in their parked car, another driver, Doug, was driving down the street. Doug had spent most of the night at a bar where he consumed a large amount of alcohol. Doug saw Angie’s parked car, but he could not react fast enough to change lanes, and he hit Angie’s car. All of the passengers suffered minor injuries, except Betty’s son, Frank, who suffered a broken arm requiring surgery.  

Betty wants to bring a negligence claim against Angie, on behalf of Frank. She wants compensation from Angie for Frank's broken arm. Answer the questions. Please note the value of each component - Your discussion on Causation should be expansive.

10

Identify Angie's Duty

25

Was there a breach of the Standard of Care? How? Explain.

40

10

25

5

In New Jersey, what is the statute of limitations for product liability claims?

5

What the concept of 'Strict Liability' implies in New Jersey product liability cases?

10

Which of these are examples of special damages in a negligence claim?

25

Explain Modified Comparative Negligence as it applies to tort cases in New Jersey.

5

What does the legal term 'contributory negligence' mean?

5

States that follow Contributory Negligence as a defense allow partial recovery for Plaintiffs.

10

Melanie is on the varsity soccer team at Payne Tech.  In a game against Newark Tech, another player slide tackled her and tore the ACL of her right knee.  Melanie sued Newark Tech and the other player for her knee injury.  She will likely not recover against the school or the player because of the defense of _______ .

25

Match the term to the correct definition

Draggable item		Corresponding Item
Loss of Consortium		Law requiring an action to be filed within a specific period of time
Compensatory Damages		Defense to tort claims evaluating the percentage of fault of each party.
Punitive Damages		Defense barring any recovery for a Plaintiff that is at any part at fault for their own injury.
Liability		Defense claiming that a person is voluntarily engaging in a known risk.
Assumption of the Risk		A small or trivial award with the purpose of acknowledging that a party legally was successful with their claim.
Comparative Negligence		award to Plaintiffs for economic and non-economic losses
Nominal Damages		monetary awarded aimed at punishing a party for a willful or reckless act.
Statute of limitations		award related to a deprivation of a relationship.
Contributory Negligence		A party is deemed legally responsible.

10

How is the "Standard of Care" established? check all that apply

10

The general duty of care that people owe others is to act known as the _______ .

10

Strict Liability claims take into account the Duty and Breach of the alleged tortfeasor/Defendant.

25

12.18.24 Torts Exam

Identify Angie's Duty

Was there a breach of the Standard of Care? How? Explain.

In New Jersey, what is the statute of limitations for product liability claims?

What the concept of 'Strict Liability' implies in New Jersey product liability cases?

Which of these are examples of special damages in a negligence claim?

Explain Modified Comparative Negligence as it applies to tort cases in New Jersey.

What does the legal term 'contributory negligence' mean?

States that follow Contributory Negligence as a defense allow partial recovery for Plaintiffs.

Match the term to the correct definition

How is the "Standard of Care" established? check all that apply

Strict Liability claims take into account the Duty and Breach of the alleged tortfeasor/Defendant.

What are the two ways that Plaintiffs can establish a product liability case and the types of product liability cases in NJ.

Identify Angie's Duty

Was there a breach of the Standard of Care? How? Explain.

Explain Causation - the "but for" and Proximate Cause - and how it applies to this accident

Damages? If any

Conclusion

In New Jersey, what is the statute of limitations for product liability claims?

What the concept of 'Strict Liability' implies in New Jersey product liability cases?

Which of these are examples of special damages in a negligence claim?

Explain Modified Comparative Negligence as it applies to tort cases in New Jersey.

What does the legal term 'contributory negligence' mean?

States that follow Contributory Negligence as a defense allow partial recovery for Plaintiffs.

Match the term to the correct definition

How is the "Standard of Care" established? check all that apply

Strict Liability claims take into account the Duty and Breach of the alleged tortfeasor/Defendant.

What are the two ways that Plaintiffs can establish a product liability case and the types of product liability cases in NJ.

Explain Causation - the "but for" and Proximate Cause - and how it applies to this accident

Damages? If any

Conclusion