UNIVERSIDAD ANÁHUAC MAYAB

SCHOOL OF LAW
LEGAL ENGLISH
TOPIC: THE LAW OF TORTS
Date: ____________________
Team members:
__________________________________________________

Instructions:

1. With your team members read the document “Elements of Torts in the

USA” by Ronald Standler1 and answer the following questionaire.

2. Upload your Word document to the section U5A2 of the @prende

platform.

Section I. Introduction to torts.

1. According to Sandler what are torts about?

2. Write the definition of TORT accordind to Prosser and Keeton.

3. Write the second definition of tort (illusory definition) from Prosser

and keeton.

4. Why is it difficult to provide an accurate definiton of tort?

5. List and explain IN A CHART tha mayor areas of tort litigation.

Tort Explain

1
http://www.rbs2.com/torts.pdf

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2
Section II. Negligent Torts.

1. List and explain the four Prima facie case for negligent torts according

to the Testatement Second and Prosser and Keeton.

Element Explain

2. Who is the tortfeasor?

3. In wich cases the tortfeasor and the defendant could be different

persons?

4. Write the definition of duty

5. Enlist where legal duty can be established.

Legal duty can be established by

1
2
3
4
5
6.

7. What rules apply to rescue under peril?

8. When does a person have the duty to rescue under peril?

9. Name and explain the three cases where the duty of care is breached.

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 Situation Explain
Negligence
Reckless disregard

(gross negligence or

wanton conduct)
Intentional tort

10.When is an actor´s negligent conduct a legal cause of harm to a victim

a)

b)

11. What can considered as damages?

12.Who decides the amount of the damages?

13.What does Res Ipsa Loquitur mean?

14.When does Res Ipsa Loquitur apply?

15.Explain the case Ybarra v. Spangard from 1944.

16. Name the three conditions set by the doctrine of Res Ipsa Loquitur.

Three conditions set by the doctrine of Res Ipsa Loquitur

1
2
3

Section III. Product Liability.

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1. List and explain the 5 Prima facia case elements for product liability.

Element Explain

2. What is the difference between manufacturing defect and design

defect.

Manufacturing defect Design defect

3. Explain the seven specific criteria to determine if a product is

unreasonably dangerous by means of a risk-benefit analysis, according

to Professor Wade.

Criteria Explain

4. Complete the chart with the definitions of the concepts from the

Restatement Third Torts, Product Liability:

5
 Concept Definition
Product liability
Manufacturing defect
Design defect
Failure to warn

hazard

5. Transcript the rule of circunstancial evidence for Product Liability from

the Third Restatement.