Multiple choice

1. Which one of the following tests will a court usually apply in negligence actions where there are multiple redundant causes of plaintiff’s harm?

A But-for test.

B Market share test.

C Substantial factor test.

D Alternative liability test.

2. Which case, held that the technical legal injury concept (which permits recovery of nominal damages) does not apply to negligence actions?

A Hale v. Ostrow, 166 S.W.3d 71 (Tenn. 2005).

B Right v. Breen, 890 A.2d 1287 (Conn. 2006).

C Viner v. Sweet, 70 P.3d 1046 (Cal. 2003).

D Jordan v. Jordan, 257 S.E.2d 761 (Va. 1979).

3. A plaintiff must prove both actual cause and proximate cause to prevail in a negligence action. Which form of causation involves a matter of principle or policy as to whether the defendant should be held liable for the plaintiff’s harm?

A Actual cause.

B Proximate cause.

C Both actual and proximate cause.

D None of the above.

4. Under which of the legal theories listed below can a defendant be held liable for harm to plaintiff despite the fact that defendant’s actions were not a but-for cause of the harm?

A Res ipsa loquitur.

B Negligence per se.

C Respondeat superior.

D None of the above.