Torts Flashcards
7 cards from real AR BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts flashcards as text
Under Arkansas comparative fault law, a plaintiff is barred from recovery when their fault:
Answer: Equals or exceeds 50% of total fault
Arkansas follows modified comparative fault with a 50% bar, meaning a plaintiff may not recover if their fault equals or exceeds the defendant's fault.
The 'but for' test in negligence law is used to establish which element?
Answer: Actual (factual) causation
The 'but for' test is the standard test for actual (factual) causation, asking whether the plaintiff's injury would have occurred but for the defendant's negligent conduct.
Under the 'eggshell plaintiff' rule, a defendant is liable for:
Answer: All damages caused, even if magnified by the plaintiff's pre-existing condition
The eggshell plaintiff rule holds that a defendant is liable for all damages caused, even if the extent of harm was unforeseeable due to the plaintiff's pre-existing vulnerability.
Res ipsa loquitur permits an inference of negligence when:
Answer: The injury is of a type that ordinarily would not occur without negligence and was in the defendant's control
Res ipsa loquitur allows an inference of negligence when the accident is of a type that ordinarily would not occur without negligence and the instrumentality was in the defendant's exclusive control.
Which of the following creates an affirmative duty to act under tort law, overcoming the general no-duty-to-rescue rule?
Answer: The defendant's own prior conduct created the peril facing the plaintiff
A recognized exception to the no-duty-to-act rule arises when the defendant created the peril placing the plaintiff in danger, thereby imposing an affirmative duty to render aid.
Negligence per se substitutes the breach element when a defendant violates:
Answer: A statute designed to protect against the type of harm suffered by the plaintiff
Negligence per se applies when a defendant violates a statute designed to protect a class of persons that includes the plaintiff from the type of harm that occurred, establishing breach as a matter of law.
Which of the following most accurately states the standard of care owed by a professional (e.g., an attorney) in a negligence case?
Answer: The care of a reasonably competent professional in the same field
Professionals are held to the standard of a reasonably competent professional in the same field, not the ordinary layperson or the most skilled practitioner.