General Duty of Care in Negligence

Question 1

Traditional Elements

Answer 1

1) Duty
2) breach
3) actual and proximate cause
4) Damages

Question 2

To whom do you owe a duty?

Answer 2

Forseeable victims , t/f unforseeable victims lose. “Zone of danger.”

Question 3

Rescuers and duty of care

Answer 3

Rescuers: people trying to save a D who negligently put themselves or a third person in peril.

Rescuers are foreseeable victims.

EXCEPTION: Police and fire fighters b/c inherent risk of job

Question 4

What is the standard of care?

Answer 4

Same amount of care as a hypothetical reasonably prudent person acting under simliar circumstances.

Objective standard.

Make no allowance for D’s shortomings.
–being dumb, retarded, drunk, inexperienced doesn’t matter

EXCEPTION: D has superior skill or knowledge. Take into account to heighten the standard. Reasonably prudent person with those skills

EXCEPTION: Physical characterstics WHERE RELEVANT. If blind, reasonably prudent blind person.