Tort Class special negligence actions

Question 1

Special Negligence actions

Answer 1

cases involving certain well-defined activities

1. property ownership
2. employer/employee activities
3. motor vehicle use

Question 2

Occupiers

Answer 2

include individuals who do not own but who do use real estate, including tenants (owner)

Question 3

Attractive Nuisance

Answer 3

1. owner is aware its there and it is an artificial condition (man made)
2. attractive to kids
3. presence of kids are reasonably foreseeable
4. the danger to the children outweighs the cost of making the condition safe

Question 4

Licensees

Answer 4

persons who have permission to be upon another’s land

Question 5

Duty of care to Licensees

Answer 5

owes a duty of reasonable care; obligations to correct known dangers, but no required to discover and correct unknown dangers

Question 6

Invitees

Answer 6

persons invited upon the landowner’s premises

Question 7

Duty of care to Invitees

Answer 7

owes highest duty of reasonable care; must repair known dangers AND must discover and correct unknown risk
(the invitee would not be on the land to begin with had it not been for the owners invitation)

Question 8

Implicit invitation

Answer 8

expressed ex. welcome sign

Question 9

Implied invitation

Answer 9

ex. leaving door open during bussiness hours

Question 10

Bailment

Answer 10

an act of delivering goods to a bailee for a particular purpose, without transfer of ownership

Question 11

Bailor

Answer 11

the property owner

Question 12

Baillee

Answer 12

one who keeps it until the bailor requests the item

Question 13

Chattel

Answer 13

personal property (real property)

Question 14

Gratuitous Bailment

Answer 14

a friendly arrangement; a type of bailment in which the bailee receives no compensation

Question 15

Mutual Benefit Bailment

Answer 15

when there is an exchange of performances between the parties

Question 16

Duty of care for Gratuitous Bailment

Answer 16

bailee owes only a duty of slight care to safe guard personal peoperty

Question 17

Duty of care for Mutual Benefit Bailment

Answer 17

1. bailee owe a duty of ordinary reasonable care

2. but if only benefits the bailee, then bailee owes a duty of great care

Question 18

Vicarious Liability

Answer 18

the liability of the principal for the torturous conduct of an agent (employer and employee)

Question 19

Respondeat Superior

Answer 19

an employer maybe held liable for the negligence of his employees

Question 20

Coming and going rule

Answer 20

employers not vicariously liable while empoyees are coming or going to work

Question 21

Frolic and Detour rule

Answer 21

employers not vicariously liable for employees unauthorized activities

Question 22

Independent Contractors

Answer 22

employees not vicariously liable b/c they engage in their own work (do not control how they do their job)

Question 23

Emotional Distress

Answer 23

consist of mental anguish cause by tortfeasor

Question 24

Proof of Emotional Distress

Answer 24

1. conduct by tortfeasor
2. tortfeasor should have reasonably anticipated would produce
3. significant & reasonably foreseeable emotional injury
4. when the tortfeasor breached his duty of reasonable care
5. and the victim was reasonably a foreseeable plaintiff

Question 25

Impact Rule

Answer 25

tortfeasor must negligently do something that physically touches the victim to recover emotional distress

Question 26

Physical Manifestations Rule

Answer 26

in addition to mental suffering, the plaintiff must experience physical symptoms as a result of emotional distress

Question 27

Zone of Danger Rule

Answer 27

only bystanders who fall within the zone of danger can recover for negligent infliction of emotional distress

1. family relationship rule
2. sensory perception rule

Question 28

Sensory perception Rule

Answer 28

bystander perceive the traumatic, negligent event directly through senses