Negligent Torts

Question 1

Pure Contributory Negligence

Answer 1

P is barred from recovery if D can show that P contributed to own harm. But the Last Clear Chance doctrine permits P to rebut D showing that he had last clear chance to avoid the accident.

Question 2

Land Owner’s Duties

Answer 2

With respect to an artificial condition, a landowner has a duty to prevent an unreasonable risk of harm to passersby.

Question 3

Common Carrier Duties

Answer 3

A special relationship exists between common carriers, such as airlines, and their passengers. As such, the airline has a duty to use the highest level of care consistent with the practical operation of the business.

Question 4

Negligence Prima Facie Case

Answer 4

Elements

1. Duty of care
2. Breach of Duty
3. Causation (both)
   
   • –Actual “Cause-in-fact”
   • –Proximate “legal cause”
4. Damages

Question 5

General Duty of Care - U down with RPP?

Answer 5

Generally, D owes duty of reasonable care to all foreseeable victims of his activities.

• – “Reasonable Care” = Reasonably Prudent Person (RPP) would act under the circumstances. RPP is considered to be someone with D’s physical characteristics, but with the knowledge and mental capacity of an ordinary person.
• – “Forseeable Victims” - Those that are or will likely come near D’s activities and could be foreseeably injured.

Question 6

Doctrine of res ipsa loquitur

Answer 6

A plaintiff must establish that

(1) the accident would not have ordinarily occurred in the absence of negligence;
(2) the agent or instrumentality that caused the harm was under the exclusive control of the defendant; and
(3) the accident was not due to any action by the plaintiff.

Question 7

Negligent Infliction of Emotional Distress

Answer 7

A plaintiff can recover for negligent infliction of emotional distress if: (a) Plaintiff was in the zone of danger and (b) threat of physical impact by D caused emotional distress that (c) resulted in some form of bodily harm (e.g., a heart attack).

Normally have to be in zone of danger, but growing trend toward just seeing events.

Question 8

Private nuisance

Answer 8

Is a substantial and unreasonable interference with the use and enjoyment of another individual’s land. Conduct is unreasonable if its utility does not outweigh the injury it produced.