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330 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 inj...
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 th...
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 ...
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 pers...
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 ...
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...
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 res...
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 d...
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...
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?
41What are the most common tests courts use to determine whether a business proprietor has a duty to protect invitees from the wrongful acts of third...
42Can a special relationship between an actor and a third party give rise to a duty on the part of the actor to protect potential victims from the th...
43Can a therapist or similar mental-health professional owe a duty of care to protect a third party from a patient’s wrongful acts?
44A doctor knew that a patient suffered from sudden, unpredictable seizures. Proper medication could control the seizures. However, it was very risky...
45Do custodians owe people in their custody a duty of reasonable care to protect them from third parties’ misconduct?
46Do all school personnel owe the students a duty of care to protect the students from a third party’s wrongful conduct?
47What is the duty of a commercial seller of alcohol with respect to minor or visibly intoxicated patrons?
48What is a dram-shop law?
49Generally, are parents liable for their minor children’s torts?
50What is the public-duty doctrine?
51In negligence law, do the police owe a duty to protect a specific person or persons from another’s wrongdoing?
52Once it is established that a defendant owed a plaintiff a duty, what is the next step in a negligence analysis?
53What is the reasonable-person standard?
54For purposes of the reasonable-person standard, what are the mental characteristics of the reasonable person?
55Does the standard of care change for a person with special knowledge or abilities that the average person lacks?
56For purposes of the reasonable-person standard, what are the physical characteristics of the reasonable person?
57For an adult defendant, are insanity, stupidity, inexperience, or ignorance defenses to negligence?
58In an emergency situation, what standard of care applies to an adult actor’s conduct?
59What is the standard of care for minors?
60In negligence cases, what standard of care applies to a child engaging in anything other than a typically adult activity?
61Is the special child standard of care always used to establish the standard of care for children?
62What is the standard of care that common carriers owe to their passengers?
63What duty do common carriers and innkeepers owe their passengers and guests with regard to third parties’ wrongful acts?
64What are motor-vehicle guest statutes?
65Does a motor-vehicle-guest statute limit a motor-vehicle driver’s duty of care to a non-paying passenger?
66Does a medical-malpractice claim require any additional elements beyond the elements for a general negligence claim?
67Is the standard of care for medical-malpractice claims the reasonable-person standard?
68For purposes of medical-malpractice claims, what are the three possible rules for determining the standard of care for general medical practitioners?
69In medical-malpractice cases, what is the locality rule, also known as the strict-locality rule?
70In medical-malpractice cases, what is the modified locality rule?
71In medical-malpractice cases, what is the same-or-similar-circumstances rule?
72What is the rule for determining the standard of care for a medical specialist practicing within his or her specialty?
73What duty does a medical professional have before embarking on a treatment or procedure?
74What are the elements of a medical-malpractice claim for failing to obtain the plaintiff’s informed consent to a medical treatment or procedure?
75How is the applicable standard of care established in medical-malpractice cases?
76In a medical-malpractice action, who bears the burden of establishing the applicable standard of care?
77What is a Good Samaritan statute?
78Are there limitations to Good Samaritan statutes?
79Can a preexisting duty to provide medical treatment render a Good Samaritan statute inapplicable?
80What is negligence per se?
81What is the procedural effect of applying the doctrine of negligence per se to a negligence claim?
82What are the requirements for the application of negligence per se?
83In what five situations will courts not replace the general standard of reasonable care with a law’s specific requirements, even though the plainti...
84An adult man drove a car with expired license plates on a public street. Under a state law, driving with expired plates was a misdemeanor carrying ...
85A motor-vehicle law forbid any motor-vehicle operator from crossing over a solid yellow line into the opposing lane of traffic. A residential-housi...
86A traffic law required pedestrians to walk facing oncoming traffic or incur a criminal fine. A pedestrian was walking while facing traffic when he ...
87What is a breach of duty?
88In a typical negligence case, may a plaintiff establish a defendant’s breach by showing that the defendant’s conduct was unreasonable?
89What is the test used to determine whether a defendant's failure to take a specific precaution is a breach of duty?
90Does the law require a defendant to use excessive caution or heroism to avoid injuring a plaintiff?
91How is a defendant’s compliance or noncompliance with a business, trade, or industry custom relevant to the question of breach of duty?
92How does the level of care required by business, trade, or industry custom affect a court’s determination of whether the defendant acted reasonably?
93Do customs and practices differ from negligence per se in establishing the standard of care and its breach?
94What does the term res ipsa loquitur mean?
95What is the procedural effect of successfully invoking the doctrine of res ipsa loquitur?
96What two elements must a plaintiff establish to invoke the doctrine of res ipsa loquitur?
97If multiple defendants in a hierarchical relationship had control over the harmful instrumentality, will courts permit the doctrine of res ipsa loq...
98If the plaintiff’s own negligence contributed to the harm, can that preclude the application of the doctrine of res ipsa loquitur?
99If a defendant complies with customs and safety practices standard in the defendant’s industry, does that always prevent a fact finder from determi...
100In determining the level of care a reasonable person should exercise to avoid being negligent, do courts take into account an adult defendant’s ser...
101After surgery under general anesthesia, a patient awakened to excruciating abdominal pain. Subsequent examination revealed that a surgical instrume...
102A state statute prohibited parking in spaces for the disabled without a valid permit and imposed a criminal fine for violations. The statute was me...
103In addition to proving duty, the standard of care, and breach of that duty, what else must a negligence plaintiff prove?
104For purposes of negligence, what is legal harm?
105For purposes of negligence, what is physical harm?
106What are the three basic types of legal harm in negligence?
107What is the but-for test for actual causation?
108What is the concurrent-causes doctrine?
109What is the substantial-factor test for actual causation?
110For purposes of negligence, what are the major theories under which causation may be proven?
111Can a tort plaintiff satisfy the burden of production on the element of causation with only circumstantial evidence and no direct evidence?
112What is the difference between general and specific causation?
113A drunk driver got in his car and started driving home. The driver negligently nodded off at the wheel. At the same time, a dog’s owner negligently...
114A supervisor on a construction site spotted a plane flying low overhead with smoke streaming from its engines. The supervisor sounded a warning sir...
115For purposes of a negligence claim, what is the doctrine of alternative causes?
116What is the doctrine of market-share liability?
117What is the market-share test for causation used in some products-liability cases?
118For purposes of the substantial-factor test for actual causation, must each force that combined to cause the plaintiff’s harm be the result of some...
119Generally, if a defendant’s negligence causes harm, is the defendant liable for the full extent of the harm caused even if a later, independent for...
120What is the alternative-causes doctrine?
121Two teenage pranksters, without any agreement between them or even awareness of one another, both decided to drop water balloons from a highway ove...
122A kayaker on a reservoir accidentally floated over the edge of a dam several stories high. While falling to a likely death, the kayaker grabbed for...
123If multiple tortfeasors were responsible for a plaintiff’s harm, will a court apportion the responsibility among the various culpable parties?
124For purposes of apportionment of responsibility among multiple culpable parties, what is a divisible injury?
125For purposes of apportionment of responsibility among multiple culpable parties, what is an indivisible injury?
126What is the method by which a court will apportion responsibility for a divisible injury caused by separate tortfeasors who acted independently?
127What is the method by which a court will apportion responsibility for an indivisible injury caused by separate tortfeasors who acted independently?
128What are the two methods by which a court will apportion responsibility for harm caused by separate tortfeasors acting independently of one another.
129When multiple tortfeasors knowingly act together and render substantial assistance to one another in causing a plaintiff’s harm, are they acting in...
130How is responsibility apportioned among multiple tortfeasors who act in concert to cause a plaintiff’s harm?
131For purposes of apportioning responsibility among multiple tortfeasors found liable for an indivisible injury, what is several liability?
132For purposes of apportioning responsibility among multiple tortfeasors found liable for an indivisible injury, what is joint and several liability?
133Under the doctrine of several liability, is a plaintiff’s recovery from a particular defendant limited to that defendant’s proportionate share of d...
134For purposes of multiple tortfeasors found liable for an indivisible injury, what is joint and several liability with contribution?
135In most jurisdictions, if a defendant who has been found jointly and severally liable pays the full amount of the plaintiff’s damages, may that def...
136For purposes of multiple tortfeasors found liable for an indivisible injury, what is joint and several liability with reallocation?
137For purposes of a plaintiff’s recovery for damages in tort, what is satisfaction?
138For purposes of a plaintiff’s recovery for damages in tort, what is a release?
139What is the one-satisfaction rule?
140What is the collateral-source rule in negligence?
141May an actor be held liable in tort for providing substantial assistance or encouragement to a tortfeasor even if the actor’s conduct on its own is...
142If a large number of defendants are each responsible for only a small portion of an indivisible harm, may a court refuse to find any liability at all?
143A husband and wife were fire breathers who performed together in a traveling circus. The husband and wife tried to keep their motions in sync throu...
144A worker in a brand-new office building was injured when an elevator unexpectedly dropped two floors. After the accident, investigations showed tha...
145A farmer owned an apple orchard that was surrounded by four equally sized factories, one on each side (north, south, east, and west). Depending on ...
146What is proximate cause?
147Is the negligence of others generally foreseeable?
148Is a defendant liable for all harm that results from his or her conduct?
149Does proximate cause require that the precise nature or extent of the harm be reasonably foreseeable?
150May a negligent actor ever be held liable for harms caused to a victim by a third party’s criminal conduct?
151To establish the element of proximate cause in a negligence claim, must the plaintiff show that the precise chain of events leading to the injury w...
152What is an intervening cause in tort law?
153What is a superseding cause in tort law?
154May a defendant be held liable for negligent conduct that caused a foreseeable injury or harm, if the catalyst for the harm was an unforeseeable, i...
155If a prior actor’s negligence put the plaintiff in a position of helpless peril, is the prior actor generally liable for injuries caused by a subse...
156A chef at a restaurant negligently allowed a coin to fall into a salad that was then served to a customer. While eating the salad, the customer ina...
157Is a tortfeasor generally liable for harm resulting from other people’s responses to the tortfeasor’s negligence?
158For purposes of proximate cause, are natural forces treated differently from other intervening forces?
159Are the crimes and intentional torts of others considered superseding causes?
160Is a defendant generally liable if an intervening force that causes the plaintiff’s injury arises after the risk of harm from the defendant’s negli...
161A private dude ranch maintained a series of trails on its land, one of which featured a swinging bridge over a large river. Due to the ranch’s negl...
162A hot-air-balloon company negligently launched a balloon flight on a day with unreasonably high wind speeds. Because of the high wind, the balloon ...
163What is the lost-chance doctrine in the context of medical negligence?
164A patient had a serious, potentially terminal disease. However, the patient had a 25 percent chance of surviving that disease. A doctor’s negligenc...
165Does a possessor of land owe any duty to those who enter upon the land?
166Who is an invitee onto land?
167Who is a business invitee onto land?
168Who is a public invitee onto land?
169What are the consequences of an invitee exceeding the scope of an invitation to be on the premises?
170What does it mean to say that an invitee exceeds the scope of an invitation to be on the premises?
171What is a land possessor’s duty to invitees?
172What is a land possessor’s duty to invitees with respect to unreasonably hazardous natural or artificial conditions on the property?
173What is a land possessor’s duty to inspect the property?
174What is a land possessor’s duty to invitees with respect to a hazardous, non-obvious condition that the possessor knows, or should know, is on the ...
175An attractive fountain sat in the middle of a shopping center. The fountain was surrounded by a brick wall about two feet high. The shopping center...
176Who is a licensee?
177What happens if a licensee exceeds the scope of the land possessor’s consent to occupy the property?
178Can a trespasser become a licensee?
179If a possessor of land gives someone specific permission to enter or remain on land, is that person a licensee?
180What are the duties of care a land possessor owes a licensee?
181May a land possessor satisfy the duty of care to a licensee regarding hazardous conditions on the land by providing a warning regarding the hazardo...
182Who is a trespasser?
183What are the traditionally recognized categories of entrants on land?
184Who is an unknown trespasser?
185What is a land possessor’s duty to an unknown trespasser?
186May a possessor of land ever use deadly force to protect against trespassers?
187Who is an anticipated trespasser?
188Does a land possessor owe a duty of care to anticipated trespassers?
189Who is a known trespasser?
190What duty of care does a land possessor owe a known trespasser?
191An owner of a large tract of forested land was aware that adults frequently hiked through a specific part the land without the owner’s permission, ...
192What is the child-trespasser doctrine?
193A farmer drove an old tractor through a neighbor’s land without permission. The tractor broke down on the neighbor’s land, and the farmer abandoned...
194In jurisdictions that have eliminated the common-law distinctions among invitees, licensees, and trespassers, what is the standard of care required...
195What is the difference between the duty of care a land possessor owes to an invitee and the duty owed to a licensee with respect to dangerous condi...
196Does a land possessor have any duty to people not on the land with respect to natural conditions on the land?
197Does a land possessor have any duty to people not on the land with respect to artificial conditions on the land?
198If a landlord leases property to a tenant, who is deemed the possessor of the property in a tort analysis?
199What are the exceptions to the general rule that landlords are not liable to tenants or tenants’ guests for injuries caused by defects in the premi...
200If a landlord contractually or voluntarily agrees to repair defects in property in a tenant’s possession, how does that agreement affect the landlo...
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 i...
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 wit...
214Are there circumstances in which courts that typically require some physical impact or physical manifestation of emotional distress for an NIED cla...
215To recover for negligent infliction of emotional distress in any jurisdiction, must the plaintiff demonstrate that his or her emotional harm manife...
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 res...
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 crashe...
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 pote...
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 wh...
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 ...
228If a defendant negligently causes physical injury or property damage to a plaintiff, may the plaintiff also recover economic losses resulting from ...
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 rec...
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?
241For purposes of the doctrine of respondeat superior, what is a master-servant relationship?
242In addition to the degree of control an employer has over the manner and result of the employee’s work, what are some of the factors that are deter...
243Can a master-servant relationship exist if the employee receives no compensation from the employer?
244Is a principal subject to vicarious liability from an agent’s actions only if the principal paid the agent?
245If an employer and employee agree to characterize their relationship as something other than a master-servant relationship, is this dispositive as ...
246What is the borrowed-servant doctrine?
247In general, under the borrowed-servant doctrine, is the borrowing employer subject to liability based on respondeat superior for the employee’s tor...
248Once a master-servant relationship is established, what is the second factor that a plaintiff must establish for a court to impose vicarious liabil...
249For purposes of vicarious liability, is the determination of whether the employee was acting within the scope of employment defined by a bright-lin...
250For purposes of vicarious liability, what are the factors that lead to a determination that an employee acted within the scope of employment?
251For purposes of vicarious liability, if an employer’s rules prohibited the employee’s tortious conduct, does that render the conduct outside the sc...
252For purposes of vicarious liability, what is the going-and-coming rule?
253For purposes of vicarious liability, what is the dual-purpose exception to the going-and-coming rule?
254For purposes of vicarious liability, is an employee’s travel between job sites within the scope of employment?
255Is job-related travel outside the local area generally considered within the scope of employment?
256Is travel while an employee is off duty but on call considered within the scope of employment?
257Is an employee’s commute that involves special hazards considered within the scope of employment?
258In general, are employers vicariously liable for torts committed by their employees during the employees’ commutes to and from work?
259What is an employee frolic?
260May an employer be held vicariously liable for torts committed by its employee during a frolic?
261What is an employee’s mere detour?
262May an employer be held vicariously liable for torts committed by its employees during a mere detour?
263Are employers vicariously liable for every negligent act their employees commit while on the job?
264A driver for a pizza restaurant was on a delivery run when he noticed a mailbox ahead on the side of the road. The driver decided to quickly stop t...
265Do an employee’s intentional torts fall within the scope of employment?
266If an employee consciously commits an intentional tort without explicit instruction or approval by the employer, may the tort still be within the s...
267If an employer is held vicariously liable for a harm tortiously caused by an employee, does the employer have a right of indemnity against the empl...
268If the relationship between an employer and a person hired to perform work is not a master-servant relationship, what is the most likely classifica...
269In most jurisdictions, is an employer vicariously liable for the acts of an independent contractor who is carrying out inherently dangerous work on...
270If a possessor of land hires an independent contractor to work on the land, does the possessor have a duty to protect others outside the land from ...
271What is the primary characteristic that distinguishes an independent contractor from an employee?
272May jurisdictions prohibit the delegation of certain duties as a matter of public policy?
273In a jurisdiction that holds that a hospital has a nondelegable duty to provide competent emergency care, may the hospital delegate the duty of car...
274In a jurisdiction that holds that common carriers have a nondelegable duty to transport passengers safely, may the carrier’s duty be satisfied if i...
275May employers delegate the duty to provide a safe working environment for their employees?
276Will an independent contractor's exercise of reasonable care always satisfy a business proprietor's duty to keep the premises safe for invitees?
277If a statute imposes a specific duty of care on a person or entity, may the person or entity delegate that duty to an independent contractor?
278May an employer be held vicariously liable for the torts of its independent contractors hired to perform construction, repair, maintenance, or simi...
279Is an employer vicariously liable for the torts of independent contractors?
280As a general rule, is an employer vicariously liable for harms tortiously caused by an independent contractor in the scope of the contractor’s work?
281What is collateral negligence?
282Is an employer vicariously liable for an independent contractor’s collateral negligence?
283A company decided to hold a publicity event. The company hired an exotic animal trainer to exhibit live tigers during the event. Unfortunately, one...
284A homeowner hired a professional landscaping company to construct an ornamental pond on the homeowner’s land. While excavating for the pond, the la...
285In general, are members of a partnership vicariously liable for torts committed by other partners in the course of the partnership’s business?
286May participants in a joint venture ever be held vicariously liable for torts committed by other joint-venture participants?
287What is the family-use doctrine (sometimes called the family-purpose doctrine)?
288What is a permissive-use statute?
289May a car owner ever be held vicariously liable for a tort committed by another driver while operating the owner’s car?
290Are parents generally vicariously liable for their children’s torts?
291A teenager overslept and missed his school bus. His parents gave him permission to drive the family car to school. The car was jointly owned by the...
292What is contributory negligence?
293Under the traditional common-law rule of contributory negligence, may a contributorily negligent plaintiff recover any damages?
294A helicopter pilot negligently failed to check the helicopter’s fuel level before taking off. Shortly after it left the ground, the helicopter sput...
295May a plaintiff who was contributorily negligent recover if the defendant’s conduct was reckless or wanton?
296Is contributory negligence a defense to intentional torts?
297What is the last-clear-chance doctrine?
298Does the last-clear-chance doctrine impose on a defendant a duty to rescue the plaintiff?
299A construction worker on a job site fell asleep during a break. The spot where the worker chose to sleep was unreasonably close to an access drivew...
300If a defendant negligently created a danger, does the doctrine of contributory negligence bar a plaintiff’s recovery if the plaintiff negligently i...
301Are there any exceptions to the doctrine of contributory negligence that will permit a negligent plaintiff to recover damages?
302For purposes of negligence, what is pure comparative fault?
303For purposes of negligence, what is modified comparative fault?
304Does a pure comparative fault system allow a plaintiff to recover proportionate damages regardless of the size of the plaintiff’s share of fault?
305A drunk driver fell asleep at the wheel, crossed a highway median, and crashed into a vehicle traveling in the other direction. A passenger in the ...
306If a defendant owes a duty of care to protect the plaintiff from the plaintiff’s own negligence, may the defendant invoke contributory negligence o...
307A hotel negligently allowed an armed thief to obtain a master key to the hotel’s rooms. The thief entered a guest’s room, shot the guest in the leg...
308If a plaintiff requires medical care for a negligently self-inflicted injury, and that medical care causes further injury, may the medical professi...
309What is the difference between a pure comparative-fault jurisdiction and a modified comparative-fault jurisdiction?
310Does the last-clear-chance doctrine apply in comparative-fault jurisdictions?
311For purposes of negligence, what is assumption of the risk?
312If a defendant seeks to establish the plaintiff’s contributory negligence or comparative fault, must the defendant do so through special means?
313Is assumption of the risk a valid defense to a plaintiff’s negligence claim if the plaintiff did not actually know, but should have known, of the r...
314Must a defendant asserting the defense of assumption of the risk establish that the plaintiff unreasonably failed to protect himself or herself?
315A fan attended a professional golf tournament. The fan was a golfer, knew the sport well, and frequently watched golf tournaments on television. At...
316What is express assumption of the risk?
317What is contractual assumption of the risk?
318Have courts ever declined to enforce contractual assumptions of the risk based on public policy?
319An amusement park printed a waiver on the back of its admission tickets. This waiver stated that, by entering this park, a ticket bearer expressly ...
320What is implied assumption of the risk?
321What is primary implied assumption of the risk?
322Do comparative-fault jurisdictions recognize primary implied assumption of the risk as a valid defense?
323If a defendant’s negligence made an activity more dangerous than the plaintiff could reasonably have anticipated when assumng the risk of the activ...
324What is secondary implied assumption of the risk?
325Is implied secondary assumption of risk an affirmative defense?
326What must a defendant show to invoke assumption of risk as an independent defense to negligent or reckless conduct?
327A daredevil invited a friend to go bandit bungee-jumping, which involved quickly installing and using bungee-jumping equipment on bridges or other ...
328A cross-country skier was lost in a forest for hours before emerging next to a seldom-traveled road. As night fell, a driver went by and pulled ove...
329May a plaintiff recover for injuries resulting from the plaintiff’s own commission of a crime?
330Can a plaintiff’s criminal conduct create a duty of care for a defendant?

What is the tort of negligence?

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