Torts

Question 1

Negligence elements

Answer 1

(1) duty (2) breach of duty (3) actual/proximate cause (4) damages

Question 2

Affirmative Duty

Answer 2

Generally no duty act unless (1) special pre-existing relationship (2) Def. put plaintiff in peril (3) def. already undertook rescue of plaintiff (4) duty imposed by law

Question 3

Duty of care owed by Children

Answer 3

act as a child of simila age, experience, and intelligence acting under similar circumstances; exception: if engaging in adult activity, duty to act as reasonable adult

Question 4

Duty of care owed by person with disability

Answer 4

act as a reasonable person with the disability

Question 5

duty of care - general

Answer 5

act as a reasonable person would act under situation ; includes mentally disabled

Question 6

duty of care of professionals

Answer 6

act with knowledge and skill as an average member of profession in similar community

Question 7

Duty owed by landowner to trespassers

Answer 7

unknown trespassers: no duty is owed
known/anticipated trespassers: (1) reasonable care of property and (2) must warn or make safe dangerous conditions that are known but not apparent to guest

Question 8

attractive nuisance

Answer 8

landowner owes duty to child trespassers, liable if (1) knows/should know of dangerous condition likely to cause injury (2) knows/should know children likely to frequent area (3) children unlikely to discover condition or appreciate risk (4) risk of harm outweighs expense of making condition safe