Brute Force Memorization

Question 1

Public Policy Factors (Rowland 7)

Answer 1

The foreseeability of harm to the plaintiff
The degree of certainty that the plaintiff suffered injury
The closeness of the connection between the defendant’s conduct and the injury suffered
The moral blame attached to the defendant’s conduct
The policy of preventing future harm
The extent of the burden to the defendant and the consequences to the community of imposing the duty to exercise care with resulting liability for breach
The availability, cost, and prevalence of insurance for the risk involved

Question 2

Tunkl Public Policy - Exculpation Clauses (6)

Answer 2

The business is publicly regulatable
The party performs a great service to the public which is a practical necessity for some
The party is willing to perform this service to the public or to people within their established standards
The party has a decisive advantage of bargaining strength against the other
In exercising this superior bargaining power, the party adds the exculpation clause, and offers no way for the other party to pay fees to obtain protection against negligence
The other party is placed under their control and subject to the risk of their carelessness

Question 3

Abnormally Dangerous Activities - Section 520 Rest 2d (5)

Answer 3

The existence of a high degree of risk of some harm to the person, land, or chattels of others
Likelihood that the harm that results from it will be great
Inability to eliminate the risk by the exercise of reasonable care
Extent to which the activity is not a matter of common usage
Inappropriateness of the activity to the place where it is carried on
AND extent to which its value to the community is outweighed by its dangerous attributes

Question 4

Risk/Utility Balancing Test (7)

Answer 4

likelihood product will cause injury,
probable gravity of injury,
manufacturer’s ability to eliminate the unsafe character of the product without impairing usefulness;
technological and economic feasibility of alternative design;
user’s anticipated awareness of the dangers inherent in the product;
utility of product as designed to user and public as a whole;
availability of substitute product which would meet same need