All flashcards
346 cards
1What is the tort of negligence?
2What are the elements of a prima facie claim of negligence?
3For purposes of negligence, what is a duty?
4For purposes of negligence, what is the standard of care?
5For purposes of negligence, what is the difference between duty and standard of care?
6Under the majority view, does an actor have a duty to everyone?
7In general, if a reasonable person would perceive that his conduct places someone at an unreasonable risk of harm, does a duty arise?
8What is the Cardozo view of the scope of a defendant’s general duty to foreseeable victims?
9What is the Andrews view of the scope of a defendant’s general duty to foreseeable victims?
10Under the minority or Andrews view of negligence, what is the test for determining when and to whom an actor has a duty of care?
11What is the majority rule for defining the scope of a defendant’s general duty to foreseeable victims?
12Under the Cardozo view of negligence, what is the test for determining when and to whom an actor has a duty of care?
13What are the two major viewpoints regarding the scope of a defendant’s general duty to foreseeable victims?
14A prospector negligently got himself stuck in an abandoned mine shaft. A passerby attempted to render aid and, through no fault of her own, was injured during the rescue attempt. The passerby sued the prospector for negligence. The prospector moved to dismiss the case, contending that he owed the passerby no duty of care. The jurisdiction follows the majority or Cardozo view of negligence. Is the prospector correct that he owed the passerby no duty of care?
15If an actor owes a duty of care to a pregnant woman, to whom else does the actor defendant owe a duty of care, if anyone?
16What is the rescue doctrine?
17Does the rescue doctrine apply if a would-be rescuer is injured due to her own reckless behavior?
18What is the firefighter’s rule?
19What are the most important limitations jurisdictions have placed on the firefighter’s rule?
20A police officer stopped a motorist for speeding. Speeding was a form of negligence. While the officer was standing beside the motorist’s car on the roadside, a trucker negligently careened off the road and struck the officer. The officer sued the motorist and the trucker for negligence. The jurisdiction had adopted the traditional firefighter’s rule and the rescue doctrine. Does the traditional firefighter’s rule eliminate either the motorist’s or the trucker’s duty of care to the officer?
21Does the law recognize a general duty to rescue another?
22If a defendant voluntarily undertakes to rescue someone, may the defendant be held liable if his negligence causes his rescue attempt to fail?
23Although the law does not recognize a general duty to rescue, in what three situations can a duty to rescue arise?
24A motorist struck a pedestrian with a car in an unavoidable collision that was not the result of the motorist's negligence. The collision left the pedestrian lying helpless by the roadside. What duty of care, if any, does the motorist owe the pedestrian under the law of negligence?
25Although the law does not recognize a general duty to rescue, can a duty to rescue arise if a special relationship exists between an imperiled person and the would-be rescuer?
26A man was lying severely injured by the roadside. A woman, who played no role in causing the injuries, voluntarily stopped to help, but carelessly worsened the man’s injuries. The jurisdiction did not have a Good Samaritan statute. The man sued the woman for negligence. The woman moved to dismiss, contending that she never owed the man a duty to render assistance and, therefore, owed no duty of care in rendering assistance.Did the woman owe a duty of care in rendering assistance to the injured man?
27A construction company was clearing a tract of land with a bulldozer. Students from a nearby college tended to gather to watch the construction. At least two students had tried to operate the bulldozer during working hours, but company employees chased them away. One night, a company employee left the bulldozer's keys in the ignition. Students went to the site and operated the bulldozer, damaging nearby property.What duty did the company owe the property's owner, if any?
28Although the law does not recognize a general duty to rescue, can a duty to rescue arise if an imperiled person reasonably relies on a would-be rescuer’s promise to rescue?
29What is misfeasance?
30What is nonfeasance?
31If an actor’s conduct renders a victim helpless to protect herself, does the actor owe the victim any duty?
32Can a special relationship create duties to act for another person’s benefit?
33Can a contract give rise to a duty of care?
34Is there a general duty to protect others by controlling a third party’s actions?
35Can a special relationship between an actor and the victim, or between an actor and a third party who harmed the victim, give rise to the actor’s duty to control a third party’s actions to protect the victim?
36To help prepare a convicted felon with a history of violent crime for an impending release at the end of the felon’s sentence, the state housed the felon in a low-security transition center. The law subjected the felon to the center’s control. The center was given information about the felon’s background. One night, the felon escaped and attacked a jogger.What duty, if any, did the center owe to the jogger regarding the felon?
37What is the specific-harm rule that courts use to determine whether a business proprietor owes a duty to protect business invitees?
38What is the prior-similar-incidents test courts use to determine whether a business proprietor owes a duty to protect business invitees?
39What is the totality-of-the-circumstances test courts use to determine whether a business proprietor owes a duty to protect business invitees?
40What is the balancing test courts use to determine whether a business proprietor owes a duty to protect business invitees?