All flashcards
346 cards
201Does the firefighter’s rule limit or expand a private landowner’s duty of care to firefighters and other public-officers in negligence actions?
202What is emotional or mental harm in negligence?
203May a negligence plaintiff recover for emotional harm?
204What is a direct action for negligent infliction of emotional distress (NIED)?
205What is the impact rule in NIED cases?
206What is the zone-of-danger rule in NIED cases?
207A man and his friend were walking down the street. The friend began to cross the street at an intersection. A driver negligently sped through the intersection, and the friend was nearly hit by the car. The man observed the near miss from the safety of the sidewalk. Both the man and the friend experienced serious emotional harm from the incident.Under the zone-of-danger test, who may recover against the driver for negligently inflicted emotional harm?
208What are the requirements for a negligence-based claim for NIED?
209What is a bystander action for NIED?
210May a bystander plaintiff recover damages for emotional distress suffered as a result of witnessing harm to a third party?
211What are the elements of a bystander action for NIED?
212May a plaintiff recover as a bystander for NIED if the plaintiff merely heard about the injurious event?
213May a bystander recover for NIED if a reasonable person in the situation would have been able to cope with the mental and emotional distress of witnessing the primary victim’s harm?
214Are there circumstances in which courts that typically require some physical impact or physical manifestation of emotional distress for an NIED claim will permit recovery without proof of either?
215To recover for negligent infliction of emotional distress in any jurisdiction, must the plaintiff demonstrate that his or her emotional harm manifested in physical symptoms?
216What is the zone-of-danger test for determining whether a plaintiff may recover for negligent infliction of emotional distress?
217In most jurisdictions, is there a general duty to avoid the negligent infliction of emotional distress?
218A man and woman had been dating steadily for some time, though they were not yet married or engaged. The man was walking to meet the woman at a restaurant when he noticed a truck being driven erratically. The man then watched in horror as the truck sped toward the woman and struck her, causing serious bodily harm.May the man recover as a bystander for emotional harm he suffered from watching the truck’s driver negligently injure the woman?
219A mother heard a loud crash from the playground where her child was playing. The mother rushed to the scene and discovered that a driver had crashed his car into the jungle gym. The child, who had been playing on the jungle gym, was severely injured. The mother suffered severe emotional distress from seeing her child’s condition.May the mother recover damages for the emotional harm caused by observing her child’s injury?
220What is loss of consortium?
221Is loss of consortium a derivative claim?
222In a loss-of-consortium claim, must the plaintiff demonstrate that the relationship actually suffered to recover?
223May a negligence plaintiff recover for purely economic harm?
224An investor was considering investing in a company. The company asked its accountant to provide financial information about the company to the potential investor. However, the accountant negligently provided false financial information about the company to the investor. The investor relied on that false information, made the investment, and suffered losses.May the investor recover for pure economic losses against the accountant?
225At common law, is there a general duty to avoid negligently inflicting economic loss on another?
226A private water company owned a dam between a reservoir and a river. Once a day, the company released water from the reservoir into the river. A whitewater-rafting company held a government license to operate tours on the river. The rafting company scheduled its daily trips to coincide with the release of water from the reservoir. The water company cooperated with the rafting company by letting it know what time of day the water releases would occur. One day, a water-company employee released water from the reservoir but negligently forgot to close the dam back up. The entire reservoir drained and took months to refill. The rafting company could not operate any tours that year. Although the rafting company’s property remained unharmed, it suffered economic losses.May the rafting company recover the economic losses it suffered due to the negligent draining of the reservoir?
227Due to negligence, an oil tanker crashed into a reef and caused a large oil spill. Regulators closed the area to all navigation during the lengthy cleanup process. Several groups suffered economic harm from the spill and the resulting closing of the area. The groups included commercial fishermen, scuba-diving tour operators, boat-rental companies, seafood restaurants, and bait shops. The groups filed negligence lawsuits against the company that owned the oil tanker.Assuming that none of the groups can allege any physical or property injury from the negligent oil spill, which of the groups may recover for their pure economic losses?
228If a defendant negligently causes physical injury or property damage to a plaintiff, may the plaintiff also recover economic losses resulting from that negligence?
229Do professionals have a duty to avoid negligently inflicting economic loss on third parties who foreseeably rely on the professional’s advice?
230If a defendant negligently causes physical injury to a third party that, in turn, causes an economic injury to the plaintiff, may the plaintiff recover his or her pure economic loss?
231What is vicarious liability?
232What is derivative liability?
233Does the fact that someone else is vicariously liable absolve the primary tortfeasor of liability?
234Do vicariously liable parties and primary tortfeasors have a right of contribution against each other?
235Do vicariously liable parties have a right of indemnification against the primary tortfeasor?
236Is a vicariously liable party held liable solely because of a special relationship with the primary tortfeasor?
237What is negligent hiring?
238What is negligent supervision?
239What is negligent entrustment?
240What is the doctrine of respondeat superior?