Torts - negligence exam ACTUAL
QUESTIONS AND CORRECT ANSWERS
4 (or 5) elements of negligence - CORRECT ANSWERS✅✅1. duty
2. breach
3. Causation actual/factual
4. causation legal/proximate
5. damages
actual factual causation - CORRECT ANSWERS✅✅Without the offender's act, the
harm/result would not have happened as it did and when it did.
individual: but-for
multiple: substantial factor
legal proximate causation - CORRECT ANSWERS✅✅"fair"
direct cause: foreseeable
indirect cause: intervening causes
exceptions to RaPMUSiC - people with relevant disabilities - CORRECT
ANSWERS✅✅HIGHER duty TO them, LESSER duty FROM them
exceptions to RaPMUSiC - anybody with superior knowledge - CORRECT
ANSWERS✅✅HIGHER duty FROM them, ANY person regardless of IQ is held to that
special/superior knowledge
exceptions to RaPMUSiC - professionals - CORRECT ANSWERS✅✅HIGHER duty
FROM them, held to THEIR knowledge (special skills, licensed, occupational skills), "what
would this kind of professional in SIMILAR COMMUNITY do under similar
circumstances?". proven using expert testimony
exceptions to RaPMUSiC - children - CORRECT ANSWERS✅✅HIGHER duty TO them,
LESSER duty FROM them
- < 4 = NO duty, because incapable of committing torts
,- < 4 = depends on whether what they are doing is an "adult activity"
- if is NOT engaging in adult activity: THEN it's SUBJECTIVE. compare to what a child of
similar age/experience/intelligence would do under similar circumstances
- IF IS engaging in adult activity - then use RaPMUSiC
we owe duty to: - CORRECT ANSWERS✅✅1. foreseeable victims
2. those in the "zone of danger"
exceptions to RaPMUSiC - per se - CORRECT ANSWERS✅✅- statutes make it
"negligence per se"
the TEST is: "Class of person? Class of Risk?" - to see if the Judge will use the stature
1. it's a criminal statute/regulatory ordinance;
2. the statute clearly defines the standard due;
3. the V is within the protected class;
4. the statute was designed to protect the type of harm the V suffered.
TEST: IF YES, then use the statute
TEST: IF NO, then use RaPMUSiC
expection to per se - CORRECT ANSWERS✅✅UNLESS
a) compliance with the statute would have made the situation MORE Dangerous
b) compliance with the statute is IMPOSSIBLE
...
THEN use RaPMUSiC
exceptions to RaPMUSiC - affirmative duty to act - CORRECT ANSWERS✅✅GENERAL
RULE - no legal duty to act
- never expected to risk your own life
- BUT there are exceptions that do require actions (pre-existing relationships, D caused the
peril, D begins rescue so must finish it: once undertaken, you can't botch it, rescue is held to
RaPMUSiC standard)
, Good Samaritan Laws - CORRECT ANSWERS✅✅"good samaritan laws" are aimed to
give rescuers some legal protection
- Health Care Professionals: almost immune to liability, only if they are reckless or injure
someone "willfully and wantonly"
exceptions to RaPMUSiC - NIED "regular "zone of danger"/ bystander"" - CORRECT
ANSWERS✅✅a) regular "zone of danger" - FEAR is the emotion involved, purpose is to
weed out bogus claims. V must prove they were in the zone of physical danger, or V suffers
injury or "subsequent PHYSICAL manifestations (heart attack, miscarriage, skin rash)
b) bystander: V must prove:
1. V witnessed a negligent injury
2. to a close family member
3. so suffers emotional grief/horror
...
depends on specifics such as who's family, how proximate, timing of seeing it
exceptions to RaPMUSiC - entrants onto land - CORRECT ANSWERS✅✅rule: landowners
can satisfy ANY LEVEL of duty by
a) fixing the hazard, and/or
b) warning of the hazard
...
land owners owe different levels of duty to different people based upon:
1) what hazard(s) that entrant might encounter; AND
2) who the entrant is
- two questions to ask:
1) how did the entrant get hurt?
a) activities conducted by the occupier/agent
b) hazardous conditions on the land
2) what category is the entrant?
undiscovered trespasser, discovered trespasser, licensee, invitee
...
default is most people are treated as "invitees"
QUESTIONS AND CORRECT ANSWERS
4 (or 5) elements of negligence - CORRECT ANSWERS✅✅1. duty
2. breach
3. Causation actual/factual
4. causation legal/proximate
5. damages
actual factual causation - CORRECT ANSWERS✅✅Without the offender's act, the
harm/result would not have happened as it did and when it did.
individual: but-for
multiple: substantial factor
legal proximate causation - CORRECT ANSWERS✅✅"fair"
direct cause: foreseeable
indirect cause: intervening causes
exceptions to RaPMUSiC - people with relevant disabilities - CORRECT
ANSWERS✅✅HIGHER duty TO them, LESSER duty FROM them
exceptions to RaPMUSiC - anybody with superior knowledge - CORRECT
ANSWERS✅✅HIGHER duty FROM them, ANY person regardless of IQ is held to that
special/superior knowledge
exceptions to RaPMUSiC - professionals - CORRECT ANSWERS✅✅HIGHER duty
FROM them, held to THEIR knowledge (special skills, licensed, occupational skills), "what
would this kind of professional in SIMILAR COMMUNITY do under similar
circumstances?". proven using expert testimony
exceptions to RaPMUSiC - children - CORRECT ANSWERS✅✅HIGHER duty TO them,
LESSER duty FROM them
- < 4 = NO duty, because incapable of committing torts
,- < 4 = depends on whether what they are doing is an "adult activity"
- if is NOT engaging in adult activity: THEN it's SUBJECTIVE. compare to what a child of
similar age/experience/intelligence would do under similar circumstances
- IF IS engaging in adult activity - then use RaPMUSiC
we owe duty to: - CORRECT ANSWERS✅✅1. foreseeable victims
2. those in the "zone of danger"
exceptions to RaPMUSiC - per se - CORRECT ANSWERS✅✅- statutes make it
"negligence per se"
the TEST is: "Class of person? Class of Risk?" - to see if the Judge will use the stature
1. it's a criminal statute/regulatory ordinance;
2. the statute clearly defines the standard due;
3. the V is within the protected class;
4. the statute was designed to protect the type of harm the V suffered.
TEST: IF YES, then use the statute
TEST: IF NO, then use RaPMUSiC
expection to per se - CORRECT ANSWERS✅✅UNLESS
a) compliance with the statute would have made the situation MORE Dangerous
b) compliance with the statute is IMPOSSIBLE
...
THEN use RaPMUSiC
exceptions to RaPMUSiC - affirmative duty to act - CORRECT ANSWERS✅✅GENERAL
RULE - no legal duty to act
- never expected to risk your own life
- BUT there are exceptions that do require actions (pre-existing relationships, D caused the
peril, D begins rescue so must finish it: once undertaken, you can't botch it, rescue is held to
RaPMUSiC standard)
, Good Samaritan Laws - CORRECT ANSWERS✅✅"good samaritan laws" are aimed to
give rescuers some legal protection
- Health Care Professionals: almost immune to liability, only if they are reckless or injure
someone "willfully and wantonly"
exceptions to RaPMUSiC - NIED "regular "zone of danger"/ bystander"" - CORRECT
ANSWERS✅✅a) regular "zone of danger" - FEAR is the emotion involved, purpose is to
weed out bogus claims. V must prove they were in the zone of physical danger, or V suffers
injury or "subsequent PHYSICAL manifestations (heart attack, miscarriage, skin rash)
b) bystander: V must prove:
1. V witnessed a negligent injury
2. to a close family member
3. so suffers emotional grief/horror
...
depends on specifics such as who's family, how proximate, timing of seeing it
exceptions to RaPMUSiC - entrants onto land - CORRECT ANSWERS✅✅rule: landowners
can satisfy ANY LEVEL of duty by
a) fixing the hazard, and/or
b) warning of the hazard
...
land owners owe different levels of duty to different people based upon:
1) what hazard(s) that entrant might encounter; AND
2) who the entrant is
- two questions to ask:
1) how did the entrant get hurt?
a) activities conducted by the occupier/agent
b) hazardous conditions on the land
2) what category is the entrant?
undiscovered trespasser, discovered trespasser, licensee, invitee
...
default is most people are treated as "invitees"
