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Elements Of Negligence
Test Description: Elements of Negligence
Instructions: Answer all questions to get your test result.
1) To prove that negligence has occurred, an injured party must prove that (BLANK) element(s) of negligence have occurred?
A
Only one
B
Three
C
All four
D
Two
2) Negligence is the basis of most (BLANK) claims.
A
Liability
B
Property
C
Personal Injury
D
Workers compensation
3) Proximate Cause refers to damage which is:
A
Direct and forseeable
B
Caused by and \
C
Unintended only
D
Intentional only
4) The correct order of the elements of negligence are:
A
Legal duty, standard of care, proximate cause, actual loss or damages
B
Actual loss or damages, proximate cause, legal duty, standard of care
C
Legal duty, standard of care, actual loss or damages, proximate care
D
Standard of care, legal duty, proximate cause, actual loss or damages
5) When discussing proximate cause, the action must be 1) the and 2) the cause of the loss.
A
Direct, unpredictable
B
Indirect, forseeable
C
Direct, forseeable
D
Forseeable, intentional
6) Which of the following could NOT be negligence?
A
Intentional act
B
Thoughtless act
C
Careless act
D
Inaction
7) The tort of Negligence requires that:
A
The injured party prove three of the four elements to sustain their cause
B
There be medical bills and lost wages.
C
The defendant be insured at the time of the injury to the third party.
D
The injury to the third party be caused directly by an act or omission of the defendant.
8) In order for an injured party to collect in a third party claim:
A
The injured party must be named in the policy declarations.
B
The insured must be negligent.
C
The insured must be legally liable.
D
The injuries may not be covered by an other insurance.
9) Which of the following items is NOT one of the four elements of Negligence?
A
Subrogation
B
Proximate Cause
C
Legal duty
D
Standard of Care
10) Negligence is the failure to use the care that a reasonable, (FILL IN THE BLANK) person would have taken under the same or similar circumstances.
A
Thoughtless
B
Caring
C
Prudent
D
Smart
*select an answer for all questions
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