Torts

Question 1

Common Law Negligence elements

Answer 1

Duty Breach Causation Damages

Question 2

Common law negligence duty of care

Answer 2

owe a duty of care to foreseeable Plaintiffs

Question 3

standard of care common law negligence

Answer 3

resonable person (objective Standard)

Question 4

CLN Duty of a professional

Answer 4

like other professionals in the community with the same training and specialty

Question 5

CLN Duty of Minor

Answer 5

to act like other children of the same age and maturity
* Unless the child is engaged in adult activity then normal standard

Question 6

CLN Duty of Parent

Answer 6

to prevent child from harming) when the parent knew or should have known the child is likely to cause harm

Question 7

CLN Duty to aid/rescue

Answer 7

no duty to aid or rescue anyone
* If you begin to render aid- then that aid has to be reasonable
* Exception where there is always a Duty to rescue: Special Relationship: where one party is vunrable to another
o Parent/child
o Inn Keeper/ guest
o Common career/ passenger

Question 8

CLN duty of land owner

Answer 8

 Unknown trespasser – no duty of care
 Known trespasser/ licensee (social guest/ friend/ aquatance) – duty to warn of known dangers
 Invitee (business/ commercial) – duty to warn, clean up, and make safe

Question 9

CLN Breach

Answer 9

Didnt do what the duty was

Question 10

CLN Causation

Answer 10

 Actual cause defined by the “but for test” – but for defendants action
 Proximate cause: it must be foreseeable
* ALL SUBSEQUENT injuries are assumed to be foreseeable unless they tell you otherwise
* Intervening cause is a foreseeable injury = foreseeability= defendant pays for damages
* Superseding cause – not foreseeable
* Acts of god
* Intentional torts
* Criminal acts
* ** anything the facts tell you are unforeseeable

Question 11

CLN Damages

Answer 11

Actual physical injury

Question 12

Negligence Per Se

Answer 12

elements
 Violation of a statute or ordinance
 Plaintiff is part of the protected class of people the statute is trying to protect
 The injury is the kind of injury we are trying to prevent

Question 13

Res Ipsa

Answer 13

o The injury doesn’t occur outside of negligence
o The defendant is in exclusive control
o Can the jury infer from the evidence that negligence to occur?

Question 14

Strict Liability, types/specifics

Answer 14

o Possessing wild animals
 A domestic animal can become wild if it has “dangerous propensities”
 You cannot domesticate a wild animal
* Any natural reaction from dealing with a wild animal that causes injury count- even if the animal doesn’t touch you
o Abnormally dangerous activities
 Any kinda blowing stuff up
 Dangerous materials or chemicals

Question 15

Strict Liability Defenses

Answer 15

 Assumption of the risk
* Known and appreciate (know) the assumption of the risk
o NEVER ASSUME THIS

Question 16

Products Liability

Answer 16

o Three theories to sue under
 Negligence
 Express warranty
 Strict products libility

Question 17

strict products liability

Answer 17

• Defective- product leaves the manufacture in defective condition – sold by a commercial seller (someone in the business of selling the product) – the use is whats called a foreseeable user of the purchaser – use the project in the manner in which it was intended
• Other definition
  o Inadequate or failure to warn
   Anyone who handles the project until the purchaser got it may be liable