Negligence

Question 1

What is duty?

Answer 1

the obligation to protect another against unreaonsable risk of injury

In general a duty of care is owed to all F plaintiffs who may be forseeably injured by D failure to act as a reaosnable person

Question 2

What is breach

Answer 2

the failure to meet obligation imposed by a duty

Question 3

What is causation?

Answer 3

a casual connection between the action & injury

Actual Cause & Proximate Cause

Question 4

What are damages?

Answer 4

the harm sufferred

Question 5

What is Foreseeable Plaintiff under the Majority View?

Answer 5

duty of care owed to P only if she is a member of a class of person who might foreseeable be harmed

Question 6

What is a foreseeable Plaintiff under the minority view?

Answer 6

if D can foresee harm to anyone as a result of his negligence then a duty is owed to everyone harmed

Question 7

Types of Foreseeable Plaintiffs

Answer 7

Rescuers
Intended Beneficiaries
Fetuses
Anticipated victim of a crime

Question 8

How are Rescuers foreseeable Plaintiffs?

Answer 8

a person who comes to the aid of another is Foreseeable Plaintiff

D can be liable to rescue if he put the party in danger or harms them

If rescuers efforts are unreasonable recovery will be reduced not barred

Question 9

How are intended beneficiaries foreseeable Plaintiffs?

Answer 9

liable to 3rd party beneficiary if the business or legal transaction is prepared negligently

Question 10

How are fetuses foreseeable plaintiffs?

Answer 10

owed a duty of care if viable at the time that the injury occurred

Question 11

What is the affirmative duty to act?

Answer 11

in general there is no affirmative duty to act

Question 12

When will an affirmative duty to act be imposed?

Answer 12

assumption of duty
placing another in peril
by contract
by authority
by relationship
by statute

Question 13

Assumption of a duty

Answer 13

a person who voluntarily aids or rescues has a duty to act with reasonable ordinary care in the performance of that aid or rescue.

If state has good samatarian statute could protect against this

Question 14

Affirmative Duty to Act: Placing another in peril

Answer 14

if places another in peril under duty to excerise reasonable care to prevent further harm

Question 15

Affirmative Duty to Act: by contract

Answer 15

perform contractual obligations with care

Question 16

Affirmative Duty to Act: By authority

Answer 16

one with actual ability and authority to control another (parent & child, employeer, employee) must excersie reasonable control

Question 17

What is the general Standard of Care (SOC)

Answer 17

reasonably prudent person under the circumstances

Question 18

How will the standard of care be affected for mental incapacitated defendants?

Answer 18

not adjusted

standard of someone ordinary intelligence and knowledge

Question 19

How will the standard of care be affected for physical disabilities (blindness)?

Answer 19

adjusted to a reasonable person with the same disability

Question 20

How will the standard of care be affected by intoxication

Answer 20

same standards as sober unless their intoxication was involuntary