Torts MEE Rules

Question 1

negligence overarching

Answer 1

four elements:
1. d owed duty to p to conform to specific standard of care
2. d breached duty
3. breach was actual and proximate cause of p’s injury; AND
4. p sustained damages or loss

Question 2

duty

Answer 2

duty owed to all foreseeable p’s that may be harmed by d’s breach of applicable standard of care. two views:
1) cardozo, majority view, liable to p’s in foreseeable zone of danger
2) andrews, minority view, duty to everyone harmed

Question 3

affirmative duty to act

Answer 3

generally, doesn’t exist. but arises where D
1. places P in danger
2. has special relationship with P
3. has a duty to act affirmatively imposed by law
4. attempts to assist plaintiff (rescue, administer aid) (liable for injuries caused by failure to exercise reasonable care in performance)

Question 4

reasonable person standard of care

Answer 4

a) standard of care owed by d to p is of reasonably prudent person under circumstances as measured by an objective standard; d presumed to have average mental abilities and knowledge
b) physical disabilities may be taken into account
c) intoxicated people held to same standard as sober people unless intoxication involuntary
d) community customs may be relevant in determining reasonableness, but not dispositive
e) this is the default standard of care applied unless special standard applies (children, physicians, landowners, negligence per se, etc.)

Question 5

children standard of care

Answer 5

children held to standard of care of reasonably prudent child of similar age, experience, and intelligence under circumstances. however, if child is engaged in adult activity, child will be held to adult standard of care.

Question 6

professionals, physicians, and psychotherapists

Answer 6

a) professional expected to exhibit knowledge and skill of a member of the profession in good standing in similar communities
b) physicians held to national standard of care and have duty to disclose risks of treatment to enable patient to give informed consent. Duty only breached if undisclosed risk was so serious that a reasonable person in patient’s position would not have consented upon learning of risk.
c) psychotherapists, in majority of states, have a duty to warn potential victims of patients serious threats of harm if patient has apparent intent and ability to carry out such threats and the potential victim is readily identifiable

Question 7

Landowners/possessors

Answer 7

Non-delegable duty that varies depending on status of entrant. Three relevant entrants:
(1) trespassers: a trespasser is a person who enters landowner’s property without valid consent or necessity. Two types: