Negligence

Question 1

When see a competitive action, does anyone have a duty to warn others about effects from accident

Answer 1

Yes, person reaching out to the other has a reasonable person duty to warn about the problem

Question 2

What is needed in a neg. Claim

Answer 2

Duty, breach, causation ( but 4 & proximate), damages

Question 3

When will causation fail?

Answer 3

No actual / but for cause or proximate cause / superseding event (not the kind of result that would occur from the breach of duty)

Question 4

Nied

Answer 4

Plaintiff is in the threat of physical damage by either being related or in zone of danger (at scene) at the time of accident

Question 5

Invitees

Answer 5

A) enter as members of the public for a purpose for which the land is held open to the public ( churches, museums, airports)
B) enter for the purpose connected with the business or other interests of the landowner or occupier ( store customers persons accompanying them, employees, delivery person)

Question 6

Duties of land owners to invitee

Answer 6

Reasonable care to keep property safe for invitee. Duty to warn ormake safe from non obvious dangerous conditions known to the landowner and use ordinarily care in crime operations on the property and make reasonable inspections to discover dangerous conditions and thereafter make safe ( have to fix not just make sign)

Question 7

Malpractice

Answer 7

Doctor can be responsible for the initial injury that resulted or worsening of initial injury

Question 8

Invasion of privacy

Answer 8

D appropriated p’s picture or name for D’s commercial advantage
D intruded upon p’s affairs or seclusion
D published facts in false light
D exposed publically for commercial gain

Question 9

Negligent misrepresentation

Answer 9

D made a misrepresentation in a business or professional capacity
D breached a duty owed to the p
D was causation between the actions and the result
P relief on the misrepresentation
P suffered damages ( pecuniary loss unless risk of physical harm)

Question 10

Responsibility of a child

Answer 10

As long as the child is being supervised by the parent parent or child is not at fault UNLESS the parent knows that the child have a propensity to act up, child engage in adult like behavior

Question 11

Common carriers

Answer 11

Common carriers owes a special duty of care to p’s. They have a duty to furnish affirmative assistance to its passengers and not stand by while they are subject to foresee ill danger caused by conditions created by the common carrier.

Question 12

3rd party acts (intervening causation)

Answer 12

If d is neg from one act then another act occur based on D’s negligence which is foreseeable….D is liable

Foreseeable can be from d having knowledge of the kind of crime acts in the area

Question 13

Firefighters rule

Answer 13

A firefighter or police officer who was injured by a peril that they were employed to confront officer have no claim against them D

Question 14

Rescue

Answer 14

Do duty to rescue but if you decide to must help if don’t then liable.

Also, when rescuing if get injured and the causation is intervening then D will be liable to the rescuer too

Question 15

Negligence and emotional distress

Answer 15

If using emotional distress and no other harm damages for emotional distress is not recoverable.
Can use nied but need physical harm

Question 16

Res ispa

Answer 16

Allow the jury to skip the negligence analysis and presume negligence to D when
“ the thing speaks for itself”

accident normally happens because of negligence, such as that the instrumentality that caused the injury was in the defendant’s exclusive control);

Question 17

Child duty

Answer 17

Conform to the conduct of a reasonably careful person of the same age, intelligence and experience

Question 18

Divisible acts

Answer 18

Plaintiff injured from one act the a second later on that is a superceding act ( not a injury that is related or expected Frm the 1st injury)