Negligence

Question 1

Negligence

Answer 1

Duty
Breach of duty
Cause in fact
Proximate cause
Harm

Question 2

Duty

Answer 2

Reasonable Care under the circumstances
Negligence per se

Question 3

Physical limitation

Answer 3

Ordinary care
Take limitations into account when making decisions

Question 4

Mental impairments

Answer 4

Not and excuse for conduct
Held to a reasonable person standard

Question 5

Negligence per se

Answer 5

Clearly defined regulation
Statute must have intended to prevent harm
Must be a class of people statute protects
Violation must be the proximate cause of the injury

Specific duty
Required standard that must be followed

Question 6

Excused Violations

Answer 6

Actor was incapacitated
Neither knows nor should know of occasion for compliance
Unable to after reasonable diligence and care to comply
Emergency not from his own conduct
Compliance would involve a greater risk

Question 7

Breach of Duty

Answer 7

Foreseeability
Seriousness of injury
Alternative conduct
Best position to provide safety

Question 8

Alternative Conduct Equation

Answer 8

B < PL
Alternative conduct < Foreseeability * Seriousness of Injury
If < breach
If > no breach

Question 9

Joint and several liability

Answer 9

Contribution
One party pays, other defendants pay that party

Question 10

Several Liability

Answer 10

No contribution
Each pays their own percentage

Question 11

Slip and fall

Answer 11

Defendant must have actual or constructive knowledge of dangerous condition

Question 12

Customs

Answer 12

Can be considered but not determinate

Question 13

Compliance with a statute

Answer 13

Sets the floor for duty of care

Question 14

Res Ipsa Loquitor

Answer 14

Negligence can be inferred when the accident causing the harm is the type that happens as a result of negligence
Defense must argue they acted reasonable

Question 15

Sufficient Control

Answer 15

No more complete control
Consecutive Control
- Shared responsibility

Question 16

Harm

Answer 16

Has to be actual harm to a person or property

Question 17

Cause in fact

Answer 17

Linking defendants actions to the plaintiff’s injury
“But for” test
Substantial factor test

Question 18

“But for” test

Answer 18

But for the defendants actions, the plaintiff’s harm would have never happened
Over 50%

Question 19

Substantial Factor Test

Answer 19

If the conduct was substantial = cause in fact
3rd restatement use sufficient

Question 20

Aggravation causation

Answer 20

Split damages

Question 21

Preemptive Causation

Answer 21

Has to see if they caused the harm
If the fish were already dead, no cause in fact
Harm has all ready taken place

Question 22

Alternative Causation

Answer 22

Both defendants can be responsible because both were negligent even though only one of them cause the injury
Shifts the burden to the defense

Question 23

Relaxed causation

Answer 23

Used in only a few jurisdictions
Under 50%
Can still recover

Question 24

Loss of a chance

Answer 24

Can get a % of damages
Mainly Med. Mal.

Question 25

Proximate cause

Answer 25

Where to draw the line in cause in fact
Scope of liability
Risk Rule
Direct result of negligence

Question 26

Scope of liability

Answer 26

Must be fair and proportional
Look at the foreseeability of the harm

Question 27

Risk Rule

Answer 27

An actors liability is limited to those physical harms that result from the risks that made the actor conduct tortious
Crystal Ball

Question 28

Direct Result of Negligence

Answer 28

Proximate Legal cause
Ripples in a pond
Plaintiff friendly

Question 29

Cardozo

Answer 29

Range of apprehension
Not a foreseeable plaintiff

Question 30

Thin skull

Answer 30

Get the victim how they are

Question 31

Very duty rule

Answer 31

Failure to adopt adequate precautions against the risk of harm of another’s act

Question 32

Intervening causes

Answer 32

Foreseeable
Do not auto break the chain
Up to the jury to decide
Not foreseeable
- does break the chain (superseding)

Question 33

Intervening negligent acts

Answer 33

Negligence was a substantial cause of the events
Foreseeable that negligence would lead to injury
Defendant is liable for any subsequent medical negligence