Negligence

Question 1

What are the requirements for negligence?

Answer 1

Duty, breach, causation and damages

Question 2

Duty of Care

Answer 2

Owed to all foreseeable persons who may be injured by D’s failure to meet reasonable standard of care

Question 3

Duty of Care: Majority View

Answer 3

Cardoza (Maj): D only liable to P within zone of foreseeable danger

Question 4

Duty of Care: Minority View

Answer 4

D owed duty to every harmed, foreseeable or not

Question 5

Negligence Per Se

Answer 5

(Statute) (1) harm is type statute is meant to prevent (2) P is class of persons statute is meant to protect and (3) harm is proximately caused by D’s violation of statute

Question 6

Attractive Nuisance

Answer 6

Liable for injuries to trespassing children for artificial conditions if:
(1) Condition is foreseeable risk of unreasonable danger to trespassing children, (2) foreseeable that child will trespass (3) child is unaware of the risk AND (4) risk of danger outweighs conditions utility

Question 7

Known Trespassers

Answer 7

Must exercise reasonable care to warn and protect against hidden dangers

Question 8

Unknown Trespasser

Answer 8

No duty to unknown trespasser

Question 9

Invitee

Answer 9

Individual is invited to enter land for purpose of which land is held open/business purposes.
Reasonable care to inspect, discover dangerous conditions and protect invitees. Duty doesn’t extend beyond invitation.

Question 10

Licensee

Answer 10

Gives permission or privilege to enter the land of another

Question 11

Breach

Answer 11

Duty is breached when D’s conduct falls below the standard of care owed to the plaintiff

Question 12

Res Ipsa Loquitur

Answer 12

occurrence of accident causing P’s injuries suggests negligent conduct. P must show (1) act wouldn’t have occurred w/o negligence (2) it was under D’s exclusive control and (3) injury not due to P’s fault

Question 13

Causation

Answer 13

Requires both actual and proximate cause

Question 14

Actual Cause

Answer 14

conduct was the actual cause. But For the action, injury would not have occurred

Question 15

Proximate Cause

Answer 15

D is liable for reasonable foreseeable consequences

Question 16

Intervening Cause

Answer 16

cause of injury occurs after D’s conduct

Question 17

Multiple defendants: substantial factor

Answer 17

Each D’s conduct alone would have been sufficient to bring P’s injury. Assume joint and several liability

Question 18

superseding cause

Answer 18

unforeseeable event that occurs that breaks the chain of causation

Question 19

Contributory Fault

Answer 19

If P is any percentage at fault it is a complete bar to recovery.

Question 20

Contributory fault – Last Clear Chance Rule

Answer 20

If D had last chance to avoid harm, P can fully recover

Question 21

Pure Comparative Fault

Answer 21

P’s damages are reduced by the proportion of P’s fault.

Question 22

Partial/Modified Comparative Faults

Answer 22

If P is less at fault than D, P’s recovery reduced by % of fault. If P is more at fault than D, P recovers nothings. If P and D are equally at fault, P recovers 50% of damages.

Question 23

Assumption of risk

Answer 23

Recovery may be reduced if P knew of risk to D and voluntarily assumed risk

Question 24

negligent hiring

Answer 24

Employer has duty to P to exercise reasonable care in hiring employees that a D may be liable to P if employee subsequently injures P.

Question 25

independant contractor

Answer 25

person who hires IC is not vicariously liable for negligence of the IC unless (1) IC engaged in inherently dangerous activities (2) duty is non-delegable as a matter of public policy or safety

Question 26

respondeat superior

Answer 26

employer is liable for torts committed by employee within scope of employment

Question 27

NIED

Answer 27

(1) D’s negligence results is close risk of bodily harm to P (2) D’s negligence results in severe emotional distress (3) physical harm suffered Bystander recovery: (1) closely related to Person injured by D (2) present at scene and (3) personally observed injury

Question 28

Public nuisance

Answer 28

an act that unreasonably interferes with the health, safety, or property rights of the community. Recovery by a private party is available for a public nuisance only if the private party suffered unique damage not suffered by the public at large.

Question 29

private nuisance

Answer 29

an activity that substantially and unreasonably interferes with another individual’s use and enjoyment of his land.

Question 30

Defense: Coming to the Nuisance

Answer 30

One may “come to a nuisance” by purchasing land next to an already existing nuisance that one had knowledge about and, thereafter, sue for nuisance. generally not a defense to a nuisance action unless the person “came to the nuisance” for the sole purpose of bringing a harassing lawsuit.

Question 31

permanent injunction

Answer 31

A permanent injunction requires a showing of an inadequate legal remedy, a property right, feasibility of enforcement, balancing of the hardships, and no defenses.

Question 32

parental duty

Answer 32

Parents owe a duty to exercise reasonable care to prevent their minor child from causing foreseeable harm to others.