Torts essay 2 Flashcards
How should you begin a negligence essay?
In an action for negligence, P must prove
1) Defendant owed P a duty of care
2) D breached that duty
3) Breach was actual and proximate cause of P’s injury
4) P suffered damages.
Since Nephew was Uncle’s guest, what does that make him?
A FORSEEABLE plaintiff.
If nephew was a FORSEEABLE plaintiff, what did tenant owe them?
A duty to excercise reasonable care in any activity in which she engaged.
What would it mean if plaintiff didn’t live up to what they owed nephew?
It would be a breach if Tenant did not conform behavior to reasonably prudent person engaged in a like activity.
What would constitute an actual cause in this context?
If not for Uncle’s breach of duty of care, Nephew’s injury would not have occurred.
What would constitute a proximate cause in this context?
If injury was direct FORSEEABLE result of D’s breaching conduct.
Did Nephew have any responsibility in this whole thing?
Yes, Must act as a reasonably prudent child of like age, intelligence experience.
What was important aspect about the statute?
It had criminal penalties (fines).
If Nephew did have responsibility, what result?
It would reduce their reward as apportioned by comparative negligence rules.
What needs to be found for statute to be applicable?
Designed to prevent type of harm suffered by P
P in Class or people statute designed to protect
If the statute is found to meet criteria, what then
It will establish a duty of care.
What type of cause was at play between super/nephew?
Indirect cause
What’s special about the types of cause causes between super nephew?
Proximate cause will be established if D
Negligence caused
FORSEEABLE harm or FORSEEABLE reaction from intervening force
