TORTS

Question 1

You only owe a duty to:

Answer 1

foreseeable P’s

Question 2

Reasonable Person:

Answer 2

Objective standard; What would a reasonable person do?

Question 3

Professional Standard:

Answer 3

duty to act like other professionals in your community with the same background/education/training.

Question 4

Child Standard:

Answer 4

Duty to act like other children of same age & maturity

Question 5

Child Standard Exception:

Answer 5

If child is engaged in adult activity, then they are held to a reasonable person standard.

Question 6

Parent Standard:

Answer 6

Duty of parent to prevent child from causing harm

Question 7

Parent Standard Rule:

Answer 7

parent knew or should have known.

Question 8

Is there a general duty to rescue?

Answer 8

NO

Question 9

Exceptions to duty to rescue:

Answer 9

No duty to aid or rescue; UNLESS: special relationship; (1) Parent/child; (2) Innkeeper/guest; (3) Common carrier/passenger

Question 10

If you begin to rescue, aid must be:

Answer 10

reasonable

Question 11

Duty of Care to Unknown Trespasser:

Answer 11

No duty of care

Question 12

Duty of Care to Known Trespasser/Licensee:

Answer 12

Duty to warn of known dangers (must be known to landowners)

Social guest (friends; acquaintance):

Question 13

Duty of Care to Invitee: Duty: warn, clean up & make safe.

Answer 13

warn, clean up & make safe.

Business/commercial; School campus, office, supermarket, shopping mall;

Question 14

Intervening Cause:

Answer 14

Separate FORSEEABLE act which DOES NOT cut off liability

(hypo where another accident is occurring)

Question 15

Intervening caue presumption:

Answer 15

Always foreseeable, unless it is a superseding Cause

Question 16

Superseding Cause:

Answer 16

Separate act so unforeseeable it DOES cut off liability.

Question 17

4 superseding causes:

Answer 17

(1) Act of God
(2) Intentional Tort
(3) Criminal Acts
(4) Anything facts tell you is unforeseeable

Question 18

Damages requires:

Answer 18

PHYSICAL HARM

Question 19

Economic damages of a third party without accompanying physical harm: pure

Answer 19

pure economic loss( a loss that is not accompanied by any physical harm) may not be recovered by a third party.

Question 20

Contributory Negligence:

Answer 20

If even 1% liable, recovery barred

Question 21

Pure Comparative:

Answer 21

recovery reduced by % of his fault.

Question 22

Modified Comparative Fault:

Answer 22

If more than 50% liable, cannot recover anything. If less than 50% liable, reduced by fault %.

Question 23

Assumption of Risk:

Answer 23

UNDERSTANDS and APPRECIATES risk and goes ahead anyway.

Question 24

Joint and Several Liability:

Answer 24

Two or more people caused a single accident. We don’t know how much each defendant is liable for. defendant may recover 100% of their damages from any single defendnt.

Question 25

Contribution:

Answer 25

defendsntwho pays can seek contribution from co-defendants.

Question 26

Vicarious Liability:

Answer 26

An employer will be liable for the negligent acts of its employee as long as employee was acting w/in scope of employment.

Question 27

Dangerous instrumentality doctrine:

Answer 27

The owner of an instrumentality (thing) that is capable of causing death or destruction is liable for injuries caused by that instrumentality if operated with the owners knowledge and consent. ## Footnote - Cars, tractor

Question 28

Independent Contractor (person working for themselves):

Answer 28

Person who hired independent contractor NOT liable for contractors’ negligence, UNLESS: (1) Work is abnormally dangerous (2) Work is a non-delegable duty (work done on behalf or for the safety of the public).

Question 29

Negligence Per Se establishes:

Answer 29

duty and breach

Question 30

Negligence Per Se Elements

Answer 30

(1) Violation of a statute or ordinance (2) P part of protected class statute is trying to protect. (3) Harm caused is type statute is trying to protect.

Question 31

Res Ipsa Permits the factfinder to infer:

Answer 31

negligence when there is no direct evidence that the D acted negligently.

Question 32

Res Ipsa Elements

Answer 32

(1) Act which would not occur absent negligence + (2) D had exclusive control of property

Question 33

Abnormally Dangerous Activity:

Answer 33

blasting, explosives, dangerous hazardous chemicals STRICT LIABILITY

Question 34

Wild Animals

Answer 34

injury is from animal itself, or because it’s a wild animal (fear) STRICT LIABILITY

Question 35

Domesticated animals:

Answer 35

no strict liability BUT can be strict liability if owner knew or should have known of the animal's dangerous

Question 36

Types of Products Liability:

Answer 36

1) Strict Product Liability 2) Inadequate Warning 3) Negligence: 4) Warranty

Question 37

Strict Product Liability

Answer 37

(1) Product defective when it left factory (2) Sold by seller engaged in business of selling product (3) Sold to foreseeable user (4) Who used it in manner it was intended

Question 38

Negligence:

Answer 38

someone in chain of selling failed to do something they were supposed to do

Question 39

Warranty:

Answer 39

There was a label, sticker, something in writing promising how product would work

Question 40

Private Nuisance:

Answer 40

unreasonable (OBJECTIVELY) interference with the USE and ENJOYMENTS of someone’s property.

Question 41

Private Nuisance Doesn’t apply to:

Answer 41

special sensitivities.

Question 42

Public Nuisance: entire community; usually brought by public official; look for special damages

Answer 42

entire community; usually brought by public official; look for special damages If private P suing, look for special or unique damages.