Negligence 4

Question 1

Artificial condition

Answer 1

Duty of reasonable care to entrants and known trespassers

Question 2

Artificial condition: seller/buyer of property

Answer 2

If a seller sold and vacated the property, his liability continues only until the buyer has had reasonable opportunity to discover the condition and take precautions

Question 3

Attractive nuisance doctrine overarching rule

Answer 3

D has duty to exercise ordinary care and avoid foreseeable risk of harm (warn and make safe) to children caused bypass artificial conditions on property IF…

Question 4

Attractive nuisance doctrine conditions to trigger (4)

Answer 4

1. dangerous condition owner is/should be aware of
2. owner knows/should know children frequent the vicinity
3. condition likely to cause injury (b/c P child’s inability to appreciate the risk–doctrine does not apply to a “bright” child)
4. expense of remedying danger is outweighed by risk

Question 5

Landlord-tenant landowner duty (liable for)

Answer 5

Liable for:
1. common areas (lobby)
2. negligent repairs
3. known hidden defects
4. reasonable care to discover and repair defects if LL knows T is going to hold property open to general public

Question 6

Professionals overarching duty of care

Answer 6

Required to possess and exercise the knowledge and skill of a member of the profession in good standing

Question 7

What level of government creates medical specialists’ standard of care?

Answer 7

national

Question 8

What level of government creates general practitioners’ (medical) standard of care?

Answer 8

local

Question 9

May custom or usage establish standard of care?

Answer 9

Yes, but a court may find that entire industry is negligent

Question 10

Breach overarching rule

Answer 10

Duty is breached where D’s conduct falls below level required by the applicable standard of care owed to D