Torts Flashcards
6 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Torts flashcards as text
In a negligence action, the professional standard of care requires a defendant professional to act as:
Answer: A reasonably competent professional in the same field would under similar circumstances
Professionals are held to the standard of a reasonably competent member of their profession under the same or similar circumstances.
Battery as a tort requires the defendant to have:
Answer: Intentionally caused an offensive or harmful contact with the plaintiff's person
Tort battery requires intent to cause a contact that is harmful or offensive, and the actual occurrence of such contact with the plaintiff or something closely connected to them.
The 'thin skull' (eggshell plaintiff) rule provides that a defendant:
Answer: Takes the plaintiff as they find them and is liable for the full extent of injury, even if unforeseeable
The eggshell plaintiff rule holds defendants liable for the full extent of harm caused, even when the severity was unforeseeable due to the plaintiff's pre-existing condition.
Under Alabama law, a claim for invasion of privacy based on the public disclosure of private facts requires that the disclosed information be:
Answer: True, highly offensive to a reasonable person, and not of legitimate public concern
Public disclosure of private facts requires the facts to be true, their disclosure highly offensive to a reasonable person, and the information not of legitimate public interest.
The defense of assumption of the risk in Alabama bars recovery when the plaintiff:
Answer: Voluntarily and knowingly encountered a specific risk that caused the injury
Assumption of the risk requires the plaintiff to have voluntarily and knowingly encountered the particular risk that resulted in their injury.
Strict liability applies to abnormally dangerous activities when the activity creates a serious risk of harm that:
Answer: Cannot be avoided even with reasonable care and is inappropriate for the location
Strict liability for abnormally dangerous activities applies when the risk cannot be eliminated by reasonable care and the activity is inappropriate for the particular location.