Introduction

Question 1

a. Thayer

Answer 1

i. Nothing useful or appropriate which cannot be plainly and simply stated and responds to common sense
ii. Task is whether or not the tort responds to “common sense”
Common sense law of torts is to compensate those who have been injured.

Question 2

Leon Green

Answer 2

er words we may have a process for passing judgement in negligence cases, but practically no law of negligence beyond the process itself.

Question 3

Kalvan

Answer 3

i. The study of negligence is the study of mistakes a reasonable man might make
1) Attack on the standard usage, of this issue.
“Reasonable man always makes mistakes” this area and idea is odd

Question 4

Difference between simple negligence and legal negligence

Answer 4

i. Simple
1) Failure to take reasonable care
ii. Legal
1) The elements of a tort that generates Civil liability
a) Duty
a) To conform conduct to a standard necessary to avoid unreasonable risk
b) Breach
a) By act or omission did the D acts fall bellow the standard
c) Causation
a) Was the failure to meet that standard directlt linked to that persons harm or injury
d) Harm
Did the P suffer harm

Question 5

Notes

Answer 5

es
i. What allowances should be made for those that are unable to meet the standard of care?
ii. Inquiry occasionally considers the economic, or cost benefit interpretations of the negligence analysis
Balancing interests