NEgligence

Question 1

What is the GR for negligence?

Answer 1

A person acts negligently if the person does not exercise reasonable care under all the circumstances. Negligence is
established through duty, breach, causation, and damages

Question 2

What are the 4 questions for a negligence per se analysis?

Answer 2

1. Was the harm the kind that the legislature intended to prevent?
2. Is the plaintiff a member of the class that the statute was designed to protect?
3. Would the harm not have occurred if the D complied with the statute?
4. Is it applicable to apply the standard in this case?

Question 3

What is the rule for negligence under the Cardozo/majority jx?

Answer 3

In a majority jurisdiction (Cardozo), a person within the “zone of danger” is a foreseeable plaintiff and is owed a duty of care.

Question 4

What is the rule for negligence under the Andrew/minority jx?

Answer 4

In a minority jurisdiction (Andrews), a duty is owed to anyone who suffers injuries as a proximate result of his breach of duty to someone.

Question 5

Duty is established by ____

Answer 5

the reasonable person standard of care.

Question 6

What are the 4 elements of negligence?

Answer 6

Duty
Breach
Causation
Damages

Question 7

Define duty

Answer 7

A duty is an obligation, imposed by law, to protect the person of another from unreasonable, foreseeable risk of harm

Question 8

Define Breach

Answer 8

Breach occurs when the defendant’s conduct falls below the standard of care. To determine breach, the plaintiff must show that the reasonably prudent person in the same or similar circumstances would have acted in a particular way contrary to the tortfeasor’s actions.

Question 9

Define Causation

Answer 9

Causation is a reasonably close causal connection between the conduct and resulting injury. Causation requires proof that the defendant’s conduct is both the actual and proximate cause of the plaintiff’s injuries.

Question 10

How is actual cause established?

Answer 10

Actual cause is established when the defendant’s conduct is proof, on a more probable basis than not, of a cause and effect relationship between and defendant’s negligent conduct and the harm suffered.

Question 11

How is proximate cause established?

Answer 11

Proximate cause is a policy determination on how far liability will extend. In a majority jurisdiction (Wagonmound), liability may extend to those injuries/harms that are foreseeable. In a minority jurisdiction (Polemis), liability may extend to any injuries/harms directly resulting from the negligent act.

Question 12

Define damages

Answer 12

Damages are the actual losses resulting from the negligent act.

Question 13

Define interveneing

Answer 13

Reasonably Foreseeable, so defendant is liable for negligence

Question 14

Define superseeding

Answer 14

Unforeseeable, so defendant not liable for negligence