Negligence: Duty (Ch. 4)

Question 1

attractive nuisance

Answer 1

dangerous condition on the defendant’s property that is likely to induce children to trespass

Question 2

business invitee

Answer 2

One who enters the land for a purpose connected with the business dealing of the possessor

Question 3

duty

Answer 3

Legal obligation to act reasonably and that arises out of our relationship to others

Question 4

family-purpose doctrine

Answer 4

Doctrine that makes the owner of a car liable for the tortious acts of family members committed while driving

Question 5

Good Samaritan statutes

Answer 5

Law providing that anyone who provides medical assistance is not liable for damages arising from that assistance as long as care is provided in good faith and does not constitute gross negligence

Question 6

invitees

Answer 6

Persons invited by possessor of land onto her property for the purpose of conducting business

Question 7

licensee

Answer 7

person who has possessor’s consent to be present on land

Question 8

negligence

Answer 8

Conduct that creates an unreasonable risk of harm to another

Question 9

Professional Rescuer doctrine

Answer 9

Limits or bars the liability of tortfeasors to professional rescuers such as police officers and firefighters who sustained injuries as a result of ordinary negligence

Question 10

public invitee

Answer 10

One who enters the land for the purpose for which the land is held open to the public

Question 11

rescue doctrine

Answer 11

Doctrine under which anyone who negligently causes harm to a person or property may be liable to one who is injured in an effort to rescue the imperiled person or property

Question 12

respondeat superior doctrine

Answer 12

Doctrine that makes an employer liable for the tortious acts of employees committed in the scope of their employment

Question 13

vicarious liability

Answer 13

Liability for the tortious acts of others

Question 14

What are the four exceptions to the No Duty rule for a trespasser?

Answer 14

• Attractive nuisance
• Rescuers
• Known Trespassers
• Limited Trespass

Question 15

What duty of care does the possessor of land owe to a Trespasser, Licensee, and Invitee?

Answer 15

• Trespasser: No duty to make land safe (4 exceptions)
• Licensee: Duty to warn known danger (no inspection)
• Invitee: Duty to inspect for hidden dangers and warn

Question 16

Name 5 Special Relationships that may create duty of care?

Answer 16

Parent/child
Husband/Wife
Teacher/student
Jailor/Prisoner
Common Carrier/Passenger
Employer/Employee
University/Student
Possessor of Land/Licensee/Invitee
Innkeeper/Guest
Rescuer/Victim

Question 17

Name the Defendant’s relationships w/ 3rd party creating duty of care to Plaintiff

Answer 17

Attorney/Client
Doctor/Patient
Guardian/Mentally Ill Patient
Tavern Owner/Intoxicated Patron
Car Owner/Intoxicated Driver

Question 18

What are the 4 elements of negligence?

Answer 18

Duty of care, breach of duty, causation, damages

Question 19

What elements of negligence are questions of fact?

Answer 19

Breach of Duty, Causation, and Damages

Question 20

Duty of care: this is a question of _______, which is decided by ______

Answer 20

law, judge

Question 21

Defense of Consent: Victim must be ______ of giving consent and consent must be _______

Answer 21

capable, voluntary