Torts

Question 1

Elements of Negligence

Answer 1

Duty

Breach

Causation

Damages

Question 2

General Standard

Answer 2

Reasonably Prudent Person (RPP)

Question 3

Professionals

Answer 3

Higher standard of care owed by a reasonable prudent expert (in that area)

Question 4

Children

Answer 4

Held to the standard of care of a reasonably prudent child of like age, intelligence, and experience.

-Children under 7 are incapable of negligence

Question 5

Children Engaged in Adult Activity

Answer 5

(e.g., driving a car, boat, snowmobile, motor scooter, or handling a firearm)

Held to the adult standard of reasonable prudent persons because such activities are deemed inherently dangerous.

Question 6

Physical Disability

Answer 6

RPP with a similar impairment

Question 7

Emergency Doctrine

Answer 7

Act as RPP would under the same emergency.

Emergency may not be considered if it was caused by the Defendant.

Question 8

To Whom is Duty Owed?

Answer 8

Only to those who foreseeably could be injured by the defendant’s conduct, i.e., those within the “zone of danger.”

Question 9

Rescuers

Answer 9

A tortfeasor who has placed herself or another in danger is liable for the foreseeable injuries suffered by someone who comes to the rescue of the endangered person.

Question 10

Unknown Trespasser

Answer 10

No duty owed

Question 11

Known Trespasser

Answer 11

Enters or remains on property without a privilege, or without express or implied consent.

Duty to warn or make safe from artificial conditions known to pose a serious risk of harm.

Question 12

Licensee

Answer 12

Enters the land with the possessor’s express or implied consent for the licensee’s own personal purpose.

Duty to warn of any known dangerous condition that licensee is unlikely to discover.

Question 13

Invitee

Answer 13

Enters land that either is open to the general public or a private premises to bestow some benefit on the possessor.

General duty to use reasonable care and ordinary care to keep property safe (inspect).

Question 14

Attractive Nuisance Doctrine

Answer 14

Landowner may be held liable for injuries to children trespassing on the land (1) if the injury is caused by a hazardous object or condition on the land that is (2) likely to attract children (3) who are unable to appreciate the risk posed by the object or condition.

Question 15

Breach

Answer 15

Failure to follow the appropriate standard of care.

Question 16

Negligence Per Se

Answer 16

(1) Defendant violated the statute; (2) the plaintiff was a member of the class of persons that the statute was DESIGNED and intended
to protect; (3) the harm to the plaintiff was the type of HARM the statute was designed and intended to prevent.

Question 17

Causation in Fact

Answer 17

But for the defendant’s actions the plaintiff would not have been injured.

Question 18

Proximate Cause

Answer 18

Defendant is liable only for consequences of his negligence that were reasonably foreseeable when he acted.

Question 19

Res Ipsa Loquitor

Answer 19

(1) Defendant was in sole control of the instrumentality of harm and (2) the harm is the sort which would not occur without an individual in defendant’s position being negligent.

Question 20

Traditional Contributory Negligence Defense

Answer 20

If the plaintiff’s own negligence contributed to the harm suffered, the plaintiff cannot collect anything from the defendant.

Question 21

Last Clear Chance Doctrine

Answer 21

Mitigates TCND by allowing a faulty plaintiff to recover if they can demonstrate that the defendant had the last clear chance to avoid the accident.

Question 22

Pure Comparative Negligence Defense*

Answer 22

Plaintiff’s recovery from the defendant is reduced by the percentage that the plaintiff’s own negligence contributed to the injury.

Question 23

Partial Comparative

Answer 23

Completely bars recovery if the plaintiff’s percentage of fault is greater than the defendant’s percentage of fault.

Question 24

Consent

Answer 24

Plaintiff agrees.

Question 25

Assumption of Risk

Answer 25

(1) Plaintiff is aware of the danger; and (2) voluntarily subjects themselves to the risk.

Question 26

Respondeat Superior Vicarious Liability
-Employees-

Answer 26

Employer is liable for unintentional torts of employee if employee was acting within the scope of his employment.

Question 27

Respondeat Superior Vicarious Liability
-Independent Contractors-

Answer 27

Employer is not liable for torts of independent contractors unless: (1) the independent contractor is engaged in an ultrahazardous activity; (2) employer took control of performance; (3) or independent contractor endangered “Invitees” or caused harm on a “Public way.”

Question 28

What is an Independent Contractor?

Answer 28

An independent contractor agrees to perform services for an employer, but unlike an employee or agent, an independent contractor (1) is not controlled or supervised by the employer and (2) is not subject to control in performing the tasks.

Question 29

Slip and Fall

Answer 29

(1) A latent dangerous condition existed and the defendant either: (i) created it; (ii) had actual notice of it; or (iii) had constructive notice of it.

Question 30

Egg Shell Skull

Answer 30

The tortuous defendant takes the plaintiff as he finds her and, thus is liable for resulting death, physical injury, or disability if the injured plaintiff had pre-existing conditions that are aggravated.

Question 31

No Duty to Act Rule

Answer 31

An uninvolved bystander has no civil or criminal duty to aid a person in peril.

BUT when a person voluntarily assumes a duty, he must act as a RPP.