Negligence 1

Question 0

NONFEASANCE

Answer 0

• Failure to intervene
• Basic Rule: no duty of care applies (NO DUTY OF CARE)
• e.g. Motorist sees baby enter path of Train, does nothing.
• Basic Rule subject to important exceptions, including special relationship

Question 1

MISFEASANCE

Answer 1

• Affirmative act creates unreasonable risk of harm
• general duty of care applies (ORPP)
• e.g. Mussivand Case

Question 2

Does a legally cognizable Duty Exist? CONSIDER WHICH FACTORS?

Answer 2

• Foreseeabilty of harm to the P
• degree of certainty that p suffered injury
• closeness of connection between the d’s conduct and the injury to the P.

Question 3

CAUSATION

Answer 3

• actual cause of injury (cause in fact)
• Is it fair / just to hold Defendant Responsible for P’s Injuries? (Proximate Cause)
  • Foreseeability

Question 4

Standard of Care

Answer 4

• Required Level of Expected Conduct.
• SORC - Standard of Reasonable Care.
  
  • ORPP - Ordinarily Reasonable Prudent Person (acts reasonably under the Circumstances)
• Facts are Critical (under the circumstances

Question 5

Duty

Answer 5

1) Legal Obligation owed by Defendant to Plaintiff.

2) to Act in a Certain Manner (standard of Care)

Question 6

Negligence

Answer 6

“conduct which falls below the standard established by law for the protection of others against unreasonable risk of Harm.”

Question 7

Prima Facie Elements:Negligence

Answer 7

• Duty
• Breach of Duty
• Causation
  
  • cause-in-fact
  • Proximate Cause
• Damages (INJURY)
• Injury is different from Damages.