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Question 1

Negligent entrustment only applies when what?

Answer 1

The defendant has failed to show care in selecting a bailee

Question 2

What is the mental state for negligent entrustment?

Answer 2

Knows or should know that the bailee is likely to cause harm to others

Question 3

If you’ve used reasonable care to select a bailee, can you avoid being charged with negligent entrustment?

Answer 3

Yes, so you wouldn’t be liable for any harm inflicted by the bailee outside of your presence

Question 4

What are the two different views for negligent entrustment?

Answer 4

• traditional view: no liability

- modern view: the bailor of a car owes a duty to control erratic driving by another when it happens in his presence

Question 5

If someone is driving you in your own car to the doctor, and they are driving negligently, do you have a duty to control their driving?

Answer 5

Yes, and this even extends to when you get out of the car, because you were negligent in allowing him to drive your car since you knew he had been driving recklessly

Question 6

Are parents liable for the torts of their children?

Answer 6

Usually no, unless certain situations apply

Question 7

What are the situations that make a parent liable for the torts of their child?

Answer 7

• negligent supervision
• control/warn about child’s known dangerous tendencies
• didn’t prevent child’s use of inherently dangerous instrumentalities that were foreseeable
• negligent entrustment

Question 8

What is the duty of a tavern keeper with regard to a land occupier?

Answer 8

Must exercise the duties required of land occupiers to business visitors on the premises

Question 9

If you’re a tavernkeeper and you know a patron can get belligerent and dangerous when drunk, what is your duty?

Answer 9

Must exercise due care to prevent him from injuring others or their property on the premises, or at least warn others of the danger

Question 10

Can social hosts that serve alcohol be liable for actions of the people they’ve served to?

Answer 10

Generally no, unless they serve alcohol to a minor that becomes drunk and injures someone in a traffic accident when the host knew the minor would be driving after drinking

Question 11

What are the four possible theories to find an employer liable for the employee’s negligence?

Answer 11

• employers have a duty of due care to control employee’s conduct in their presence
• negligent hiring: liable for employees’ willful/criminal actions if they should’ve been reasonably foreseen
• negligent supervision: if an employer knows about dangerous behavior of employees, duty to supervise with reasonable care
• respondeat superior

Question 12

What do affirmative defenses to negligence do?

Answer 12

Put the burden of proof on the defendant and can only be raised after the plaintiff has established a prima facie case

Question 13

What are the affirmative defenses to negligence?

Answer 13

• contributory negligence
• assumption of the risk
• comparative immunities

Question 14

What is contributory negligence?

Answer 14

Conduct by the plaintiff that falls below the standard of conduct he should conform to for his own protection, which legally contributes to his harm

Question 15

How much fault is necessary for contributory negligence?

Answer 15

Any fault no matter how slight

Question 16

Is contributory negligence a complete or partial bar to recovery?

Answer 16

Complete

Question 17

What is the standard of care for contributory negligence?

Answer 17

Reasonable person that includes mental capacity

Question 18

Contributory negligence only applies to what form of torts?

Answer 18

Negligence (not intentional torts, recklessness, or SL)

Question 19

Which affirmative defense has almost every state adopted for negligence?

Answer 19

Comparative

Question 20

Contributory negligence doesn’t apply to what kind of conduct?

Answer 20

Willful, wanton, or reckless, because they are so unreasonable that courts say they are not a defense

Question 21

What is the protected plaintiff exception to contributory negligence?

Answer 21

If the defendant’s conduct violates a statute that protects the plaintiff, then his negligence is not a bar to recovery

Question 22

What is the mitigation of damages rule for contributory negligence?

Answer 22

Victims have a responsibility to mitigate their injuries by reasonable efforts and expenses

Question 23

Where does the burden of proof lie for the mitigation of damages rule to contributory negligence?

Answer 23

The burden is on the defendant to prove the plaintiff failed to do so

Question 24

If someone hits you in the nose, what does the mitigation of damages rule say you have to do?

Answer 24

You must act reasonably to mitigate/stop the bleeding, and defendant’s liability is limited to damages that couldn’t reasonably be mitigated

Question 25

Can one person’s contributory negligence be imputed to another?

Answer 25

No, regardless of the relationship

Question 26

What is negligent entrustment?

Answer 26

The owner of the car is directly liable for negligence by allowing a person to drive when he reasonably should’ve realized the risk of harm to others