Negligence

Question 1

negligence

Answer 1

• A duty on the part of the defendant to conform to a specific standard of conduct for protection of the plaintiff against an unreasonable risk of injury
• A breach of that duty by the defendant
• The breach is the actual and proximate cause of the plaintiff’s injury
• Damages

Question 2

In negligence, a duty of care is owed only to . . .

Answer 2

foreseeable plaintiffs—the
class of persons who were foreseeably endangered by the defendant’s negligent conduct.

Question 3

The reasonably prudent person standard . .

Answer 3

is an objective standard, measured against what the average person would do. A defendant’s mental deficiencies and inexperience are not taken into account

Question 4

Exceptions to reasonably prudent person standard

Answer 4

Exception for Superior Skill or Knowledge

Exception for Physical Characteristics Where
Relevant

Question 5

Children’s standard

Answer 5

standard of a child of like age,
intelligence, and experience

Question 6

Professional’s standard

Answer 6

A professional is required to possess the knowledge and skill of an average member of the profession or occupation in good standing

Question 7

Duty owed to unknown trespassers

Answer 7

No duty is owed to an undiscovered trespasser

Question 8

Duty owed to discovered or anticipated trespassers

Answer 8

As to discovered or anticipated trespassers, the land possessor must warn of or make safe any conditions that are:
* Artificial
* Highly dangerous (involving risk of death or serious bodily harm)
* Concealed
* Known to the land possessor in advance

Question 9

Duty owed to licensee

Answer 9

A licensee is one who enters onto the land with the possessor’s permission for their own purpose or business

• Concealed
• Known to the land possessor in advance

Question 10

Duty owed to invitee

Answer 10

Invitees enter onto the land in response to an invitation by the possessor of the land

• Concealed
• Known to the land possessor in advance or could have
  been discovered by a reasonable inspection

Question 11

Attractive Nuisance
Doctrine

Answer 11

Landowner has the duty to exercise
ordinary care to avoid a reasonably foreseeable risk of harm to children caused by dangerous artificial conditions on their
property.

• A dangerous condition on the land that the owner is or should be aware of
• The owner knows or should know that children might trespass on the land
• The condition is likely to cause injury (it is dangerous because of the child’s inability to appreciate the risk)
• The expense of remedying the situation is slight compared
  with the magnitude of the risk

Question 12

A statute providing for criminal penalties (including fines for regulatory offenses
and ordinances, such as for speeding) may replace the more general common law duty of due care if:

Answer 12

• The plaintiff is within the protected class
• The statute was designed to prevent the type of harm suffered by the plaintiff

Question 13

Does one have a legal duty to act?

Answer 13

Generally, one does not have a legal duty to act. There is no duty to rescue.

Question 14

Exception to legal duty to act

Answer 14

• A special relationship between the parties (for example, parent-child. common
  carriers, innkeepers, shopkeepers,
• Someone who one has negligently or
  innocently placed in peril.
• Assumption of Duty by Acting

Question 15

Duties owed by automobile driver to guest

Answer 15

A guest in an automobile is owed a duty of ordinary care. In the few guest statute states, one is liable to nonpaying passengers only for reckless tortious conduct