Negligence (meldrum)

Question 1

Cardozo’s Theory for Duty

Answer 1

People owe a duty of care to those of who are in the “zone of danger” to the D’s conduct. In other words, the P must have been a foreseeable victim and close enough in proximity to the D’s conduct

Question 2

Andrews Approach Duty

Answer 2

Everyone owes everyone a duty of care

Question 3

Negligence Balancing Test

Answer 3

B < P + L
“B” is Burden to remediate
“P” is Probability of harm
“L” is the severity of the portential harm or Loss

Question 4

Breach of Duty
Reasonably Prudent

Answer 4

It is an objective and hypothetical approach that determines that the person must act as a reasonably prudent person would under the same or similiar circumstances

Question 5

Proof of Negligence
Direct Evidence

Answer 5

Evidence of the fact in question
(eyewitness testimony as to the identity of the assailant)

Question 6

Proof of Negligence
Circumstantial Negligence

Answer 6

Evidence from which the fact in question can be inferred
(fingerprints, skid marks, etc)

Question 7

Res Ipsa Loquitur

Answer 7

1. Accident must be a type that does not normally occur in the absence of negligence
2. The D had a duty to guard against the type accident that occurred
3. The P did not contribute to the negligence