Torts - Negligence

Question 1

NIED Bystander

Answer 1

P is owed a duty if P was present at scene (not in zone of danger)
+ Suffered SED
+ Had close relationship with V

Question 2

NIED Direct Action

Answer 2

P is owed a duty if P was in zone of danger
+ Suffered bodily harm from threat of physical impact OR emotional distress as a result of negligence

Question 3

Standard of care

Answer 3

D owes a duty to act as a reasonably prudent person in same or similar situation who has D’s relevant physical characteristics

Question 4

Negligence per se

Answer 4

A statute defines the standard if P is in the class of persons the statute was designed to protect

+ injury is type of injury statute was designed to protect

Unexcused violation of statute constitutes negligence per se - a breach of duty

Question 5

Children standard of care

Answer 5

Held to standard of reasonable child of same age, experience, intelligence unless adult activity

Question 6

Invitee standard of care

Answer 6

Exercise reasonable care to prevent injuries

Inspect + make safe dangerous conditions

Question 7

Licensee standard of care

Answer 7

Duty to warn of or make safe known dangers

Question 8

Anticipated/known trespasser standard of care

Answer 8

Duty to warn or make safe known, artificial highly dangerous conditions

Question 9

Attractive nuisance doctrine

Answer 9

Duty to avoid foreseeable risk of harm to children caused by artificial conditions if

1) dangerous condition owner is/should be aware of;

2) owner knows/should know children frequent vicinity;

3) condition likely to cause injury;

4) expense of remedying danger is outweighed by the risk

Question 10

Hand formula

Answer 10

Balance the burden of avoiding harm < (probability of harm) (magnitude of loss)

Question 11

Res Ipsa Loquitor

Answer 11

Creates inference of negligence where TAD

1) type of accident is typically the result of negligence

2) accident is attributable to D

3) P did not contribute to the injury

Question 12

Causation

Answer 12

Actual cause (but for, substantial or unascertainable) + Proximate Cause

Question 13

Substantial Factor (Actual Cause)

Answer 13

Each of D’s conduct alone would have been sufficient to bring about P’s indivisible injury.
Assume joint and several liability.

Question 14

Unascertainable Causes (Actual Cause)

Answer 14

Where there are multiple acts, only one of which causes injury but is unknown, each D must show that his negligence is not the actual cause

Question 15

Proximate Cause

Answer 15

D is liable for harmful results caused by his acts if they were foreseeable

Question 16

Superseding Cause

Answer 16

Superseding cause is an unforeseeable intervening cause that breaks the chain of causation and becomes the proximate cause

Question 17

Eggshell Skull Rule

Answer 17

D takes P as he finds him; D is liable even if extend of damages unforeseeable

Question 18

Punitive damages allowed when

Answer 18

D conduct is reckless or malicious

Question 19

No recovery for pure economic harm except

Answer 19

NIED

Question 20

Pure comparative negligence (MBE default rule for damages)

Answer 20

P’s recovery is reduced by his fault

Question 21

Modified comparative negligence

Answer 21

Bars recovery to P if P was more negligent than D

Question 22

Contributory negligence

Answer 22

Any fault by P bars recovery. If D had last clear chance to avoid harm, P can recover fully.

Question 23

Assumption of risk

Answer 23

Recovery may be reducer or barred if I knew the risk specific to D + voluntarily assumed risk