Torts

Question 1

What are the 4 elements of negligence?

Answer 1

Duty, Breach, Causation, Damages

Question 2

Duty of care is only owed to ________ ________

Answer 2

Duty of care is only owed to FORESEEABLE PLAINTIFFS

-Foreseeable if plaintiff in the zone of danger

Question 3

A rescuer is a foreseeable plaintiff, as long as the rescue is not _____, so Defendant liable if they put themselves or 3rd person in peril and Plaintiff injured in attempting rescue.

Answer 3

A rescuer is a foreseeable plaintiff, as long as the rescue is not RECKLESS, so Defendant liable if they put themselves or 3rd person in peril and Plaintiff injured in attempting rescue.

Question 4

Define: Reasonable Person Standard

Answer 4

Standard of care to act like a reasonably prudent person. Objective standard.

Question 5

What is the duty of care for a Professional?

Answer 5

A professional with specialized training/education has a duty to act like other professionals w/ the same level of education and training in their community

Question 6

What is the duty of care for a Child?

Answer 6

A child has a duty to act like other children of the same age, maturity, training, experience, and intelligence

Question 7

What is the duty of care for a Parent?

Answer 7

A parent has a duty to control their child/prevent harm caused by child when parent knew or should have known that child is likely to cause harm

Question 8

Is there a duty to aid/rescue?

Answer 8

Generally, no duty to come to someone’s aid, BUT if you do begin to render aid/help, you owe that person “reasonable care”

Question 9

When do you own a person a duty to render aid?

Answer 9

If there is a special relationship, you always owe that person a duty to render aid

Question 10

What special relationships trigger the duty to render aid?

Answer 10

1. Innkeeper – guest: hotel has duty to aid guests
2. Common carrier – passenger: trains, buses, airlines have duty to aid
3. Employer – employee: employer always has duty
   * *look for vulnerable persons

Question 11

What are the duties of a landowner when an unknown trespasser enters their land without permission & without the landowner’s knowledge?

Answer 11

Landowner has NO duty of care

Question 12

What are the duties of a landowner when an known trespasser or licensee (social guest) enters their land?

Answer 12

Landowner has duty to warn of KNOWN dangers to landowner

Question 13

What are the duties of a landowner when an invitee (business or commercial guest) enters their land?

Answer 13

Landowner has a duty to warn, clean up, and make safe - must do ALL 3

Question 14

Define: Breach

Answer 14

Failure to comply with the duty of care

Question 15

What are the 2 elements of causation? Do you need both?

Answer 15

Actual Cause & Proximate Cause - NEED BOTH

Question 16

What is the test for actual cause?

Answer 16

But For Test = but for Defendant’s actions, no injury would have occurred

Question 17

What is the test for proximate cause?

Answer 17

Foreseeability Test = is the injury a reasonably foreseeable result of D’s actions/negligence?

Question 18

What is an intervening cause? Does it cut off liability?

Answer 18

Intervening Cause = something else that occurred which is FORESEEABLE.
Separate act which does NOT cut off liability - defendant responsible for ALL damages.

Question 19

What is an superseding cause? Does it cut off liability?

Answer 19

Superseding Cause = something else happens that is UNFORESEEABLE.
Separate act so unforeseeable it DOES cut off liability (but still responsible for original incident).
Legally unforeseeable events: act of god, intentional tort, and criminal acts.

Question 20

What 3 acts are legally unforeseeable and constitute superseding causes?

Answer 20

Act of God
Intentional Tort
Criminal Acts

Question 21

What kind of harm is required to satisfy the damages element?

Answer 21

Physical injury/harm required on the MBE