special negligence

Question 1

negligence per se

Answer 1

statute imposes specific duty

D neglects to perform duty

D liable to anyone in class intended to be protected

any harm of the type statute intended to protect

Question 2

defenses to negligence per se

Answer 2

compliance was more dangerous than noncompliance

statute = vague

Question 3

res ipsa

Answer 3

using circumstantial EV to establish inference of negligence

P harm would not have occurred if D used ordinary care, even if no direct EV

D exclusive control

Question 4

NIED

Answer 4

P in zone of danger
threat caused emotional distress + physical symptoms

Question 5

NIED - bystander outside zone of danger

Answer 5

closely related
present + perceive
physical injury from distress

Question 6

NIED - special relationship

Answer 6

mishandling corpse

common carrier telling you family member dead

Question 7

when is the only time strict liability applies in VA torts?

Answer 7

abnormally dangerous activities

Question 8

car owners in VA

Answer 8

owner in VA not vicariously liable

Question 9

negligent entrustment

Answer 9

direct liability

D knows or had reason to know they were lending car to unfit driver