Negligence

Question 1

Elements of Negligence

Answer 1

1. Duty
2. Breach
3. Causation
4. Damages

Question 2

To whom does ∆ owe a duty to?

Answer 2

To foreseeable plaintiffs

Question 3

Rescuer

Answer 3

Must act reasonably

Question 4

Special Relationship

Answer 4

∆ has a duty to take affirmative action in aid of plaintiff where a special relationship exists between ∆ and plaintiff

Question 5

Types of Special Relationships

Answer 5

• employer-employee during and in the scope of employment;
• common carrier- and innkeeper-customer;
• school-pupil;
• parent-child;
• business-patron; and
• jailer-prisoner.

Question 6

Duty to Control Third Parties

Answer 6

• There is no duty to control the conduct of a third person as to prevent him from causing physical harm to another,
• unless: a special relationship exists between the defendant and the third party that imposes a duty upon the defendant to control the third party’s conduct;
• or a special relationship exists between the defendant and the third party that gives the third party a right of protection.