Negligence

Question 1

Types of Negligence tested on the BAR

Answer 1

(a) elements
(b) Negligence Per Se
(c) Res Ipsa

Question 2

Negligence Elements

Answer 2

1. duty
2. breach
3. causation
4. damages

Question 3

Negligence - Duty

Answer 3

Duty of Care
- Foreseeable Plaintiffs = in the zone of danger

REASONABLE PERSON STANDARD = objective standard aka “reasonably prudent person”

Question 4

Negligence - Duty EXCEPTIONS

Answer 4

PROFESSIONALS - heightened level of education / training (doctors, lawyers, etc.) = duty to act like other professionals in your community with the same background / edu. / training

CHILD - duty to act like other children of same age & maturity
Exception= child is engaged in adult activity –> then held to reasonable person standard

PARENT - duty of a parent to prevent a child from causing harm (if parent knew or should have known)

Question 5

Negligence - Types of Causation

Answer 5

Actual Cause = but for defendant’s action

Proximate Cause = Foreseeable

Need both

Question 6

Negligence - Breach

Answer 6

= Failed to comply with level of care

Question 7

Negligence - Damages

Answer 7

common law: actual, physical injury

Question 8

Negligence - Duty to Aid

Answer 8

No duty to aid or rescue
*if you begin to render aid, aid must be reasonable

**Unless Special Relationships (when 1 party is vulnerable): parent-child; innkeeper-guest; common carrier-passengers

Question 9

Negligence - Duty to People Entering your Land

Answer 9

Unknown Trespassers: NO duty of care

Known Trespassers / Licensee (social guests like friends & acquaint.): duty to warn of known (known to landowner) dangers

Invitee (business / commercial; school campus; office; supermarket; shopping mall): Duty to warn, clean-up, and make safe

Question 10

Intervening Cause

Answer 10

= A separate act that does NOT cut off liability = foreseeable

if foreseeable, defendant will pay for all damages

PRESUMPTION: EVERYTHING THEY SAID IS FORESEEABLE, UNLESS THE QUESTION TELLS YOU OTHERWISE

Question 11

Superseding Cause

Answer 11

= a separate act so unforeseeable it DOES cut off liability
- Defendant won’t be liable for subsequent damages

Examples:
1. acts of God
2. intentional torts
3. criminal acts
4. anything the question says is unforeseeable

Question 12

Negligence Per Se

Answer 12

1. Violation of a statute or ordinance
2. Plaintiff is part of protected CLASS of people statute is trying to protect
3. Harm caused is the type statute was designed to protect

Question 13

Negligence - Res Ipsa

Answer 13

1. Act which would not occur absent negligence
2. Defendant has control of property = inference of negligence
   - Defendant has exclusive control – nobody else could have done it

*Look for Motion for Directed Verdict or Summary Judgment
** Answer choice includes language of what a JURY must find, infer, conclude, etc.