Negligence

Question 1

Elements of Negligence

Answer 1

Duty of care, breach, actual cause, proximate cause, damages

• D always tries to argue in reverse, duty (lack of) is strongest arg for D

Question 2

Duty

Answer 2

Ordinary duty to exercise reasonable care under the circumstances
-objective reasonable person standard

Question 3

DUTY:
Attractive Nuisance Doctrine
Duty to Trespassing children

Answer 3

Artificial dangerous condition, possessor knows or should know children are likely to trespass, the child (subjective) fails to appreciate the danger, utility of maintaining the condition is slight compared to the risks involved