negligence

Question 1

Negligence

Answer 1

duty
breach
causation
damages

Question 2

Duty

Answer 2

I only owe a duty to foreseeable plaintiffs in the zone of danger

Question 3

must act as a

Answer 3

reasonably prudent person

Question 4

Duty of a landowner

Answer 4

Unknown trespasser- no duty of care to unknown trespasser

known trespasser- duty to warn of known dangers

licensee (social guest)- personal (not business)– duty to warn of known dangers

invitee- business–warn, inspect, and make safe

Question 5

Duty of a parent to supervise or control their child

Answer 5

parent knows or should have known their child would cause harm

Question 6

duty to aid someone

Answer 6

no duty, except if i try to render aid, then i must exercise reasonable care

Question 7

if i see someone drowning and something bad happens,

Answer 7

not liable if i exercised reasonable

Question 8

duty to aid because of special relationship

Answer 8

common carrier- train plane, innkeeper, teacher student

they have a duty no matter what

Question 9

duty of a child

Answer 9

has to act like children of age, maturity, etc.

Question 10

duty of professional

Answer 10

act like similar professionals in the community

Question 11

breach

Answer 11

failure to comply with duty of care

Question 12

causation

Answer 12

two types

Question 13

actual cause

Answer 13

but for d’s actions no harm would have occurred

Question 14

proximate cause

Answer 14

if it was foreseaable

Question 15

you need both

Answer 15

for a case of negligence

Question 16

is it foreseeable that if i was texting and driving

Answer 16

you would hit car in front. yes

Question 17

foreseeabilitiy will be a question

Answer 17

of fact

Question 18

damages

Answer 18

actual physical injury

Question 19

relates to

Answer 19

p and d

Question 20

what happens if you break your leg and now a bunch of shit happens

Answer 20

intervening- foreseeable– will pay for all damages

superseding- cuts off the other things

Question 21

superseding if

Answer 21

1) act of god
2) intentional tort
3) criminal act
4) anything fact patter says is unforeseeable

Question 22

almost everything is

Answer 22

foreseeable

Question 23

negligence per se

Answer 23

1) violation of ordinance
2) injured party is about class of ppl trying to protect
3) injury is kind of injury trying to protect

Question 24

res ipsa

Answer 24

1) whatever occurred does not normally happen absent negligence
2) exclusive control of instrumentality

raises an inference of negligence

Question 25

looks like regular negligence, but made a motion to the court

Answer 25

“only evidence was”– must be about elements about res ipsa

Question 26

attractive nuisance (artifical condition on land/kids on it)

Answer 26

1) owner of land knows or should know children will trespass
2) condition poses unreasonable risk of harm
3) because of age and maturity do not realize the risk
4) utility of mantaining is slight compared to risk
5) owner fails to make it safe

Question 27

defenses to negligence

Question 28

pure comparative negligence

Answer 28

p is negligent as well, but it would be reduced to their fault

Question 29

modern comparative

Answer 29

if he is 50% more responsible, he gets no recovery

Question 30

contributory negligence

Answer 30

bar to recovery if negligent

Question 31

exception to contributory negligence

Answer 31

last clear chance (could have swerved)

Question 32

assumption of risk

Answer 32

knowledge and appreciate about the danger and keep doing it

Question 33

joint and several liability

Answer 33

2 or more people caused an accident.

person can choose one or the other

Question 34

defendant can sue codefendant for

Answer 34

contribution

Question 35

vicarious liability

Answer 35

liable for negligent acts of employyes, as long as in the scope of employment

not intentional torts

Question 36

independent contractor

Answer 36

will not pay for contractor’s act unless their work is abnormally dangerous or they are doing a nondelegable duty

Question 37

indeminification

Answer 37

vicarious liability– if employer had to lay out a check, they can get it from the bus driver