Source
Loading...
The field below filters the flashcards in this list as you type. The number of matching flashcards is announced as you type.
All flashcards
346 cards
1What is the tort of negligence?
What is the tort of negligence?2What are the elements of a prima facie claim of negligence?
What are the elements of a prima facie claim of negligence?3For purposes of negligence, what is a duty?
For purposes of negligence, what is a duty?4For purposes of negligence, what is the standard of care?
For purposes of negligence, what is the standard of care?5For purposes of negligence, what is the difference between duty and standard of care?
For 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?
Under 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?
In 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?
What 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?
What 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?
Under 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?
What 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?
Under 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?
What 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...
A 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?
If 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?
What is the rescue doctrine?17Does the rescue doctrine apply if a would-be rescuer is injured due to her own reckless behavior?
Does the rescue doctrine apply if a would-be rescuer is injured due to her own reckless behavior?18What is the firefighter’s rule?
What is the firefighter’s rule?19What are the most important limitations jurisdictions have placed on the firefighter’s rule?
What 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...
A 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?
Does 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?
If 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?
Although 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 ...
A 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 pers...
Although 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 ...
A 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...
A 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 res...
Although 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?
What is misfeasance?30What is nonfeasance?
What is nonfeasance?31If an actor’s conduct renders a victim helpless to protect herself, does the actor owe the victim any duty?
If 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?
Can a special relationship create duties to act for another person’s benefit?33Can a contract give rise to a duty of care?
Can a contract give rise to a duty of care?34Is there a general duty to protect others by controlling a third party’s actions?
Is 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...
Can 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...
To 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?
What 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?
What 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?
What 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?
What 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...
What 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 parties?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...
Can 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 third party?43Can a therapist or similar mental-health professional owe a duty of care to protect a third party from a patient’s wrongful acts?
Can 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...
A doctor knew that a patient suffered from sudden, unpredictable seizures. Proper medication could control the seizures. However, it was very risky for the patient to drive a vehicle without taking the medication. Although the doctor was better able than the patient to appreciate the risk of suffering a seizure while driving without medication, the doctor did not warn the patient against driving a car without taking the medication. One day, the patient forgot to take his seizure medication and drove a car. While driving, the patient had a seizure, blacked out, and struck a pedestrian at a crosswalk. What duty, if any, did the doctor owe to the pedestrian?45Do custodians owe people in their custody a duty of reasonable care to protect them from third parties’ misconduct?
Do 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?
Do 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?
What is the duty of a commercial seller of alcohol with respect to minor or visibly intoxicated patrons?48What is a dram-shop law?
What is a dram-shop law?49Generally, are parents liable for their minor children’s torts?
Generally, are parents liable for their minor children’s torts?50What is the public-duty doctrine?
What 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?
In 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?
Once 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?
What is the reasonable-person standard?54For purposes of the reasonable-person standard, what are the mental characteristics of the reasonable person?
For 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?
Does 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?
For 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?
For 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?
In an emergency situation, what standard of care applies to an adult actor’s conduct?59What is the standard of care for minors?
What 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?
In 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?
Is 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?
What 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?
What duty do common carriers and innkeepers owe their passengers and guests with regard to third parties’ wrongful acts?64What are motor-vehicle guest statutes?
What 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?
Does 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?
Does 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?
Is 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?
For 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?
In 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?
In medical-malpractice cases, what is the modified locality rule?71In medical-malpractice cases, what is the same-or-similar-circumstances rule?
In 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?
What 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?
What 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?
What 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?
How 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?
In a medical-malpractice action, who bears the burden of establishing the applicable standard of care?77What is a Good Samaritan statute?
What is a Good Samaritan statute?78Are there limitations to Good Samaritan statutes?
Are there limitations to Good Samaritan statutes?79Can a preexisting duty to provide medical treatment render a Good Samaritan statute inapplicable?
Can a preexisting duty to provide medical treatment render a Good Samaritan statute inapplicable?80What is negligence per se?
What is negligence per se?81What is the procedural effect of applying the doctrine of negligence per se to a negligence claim?
What 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?
What 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...
In what five situations will courts not replace the general standard of reasonable care with a law’s specific requirements, even though the plaintiff has established the general elements of negligence per se?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 ...
An 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 a criminal fine. The purpose of this law was to raise licensing revenue and allow officials to correctly identify cars by number. The man struck and injured a pedestrian, who promptly sued the man for negligence.Are the specific requirements of the law that penalizes driving with expired license plates likely to replace the general standard of care (reasonable care under the circumstances) as the standard of care for this negligence claim?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...
A motor-vehicle law forbid any motor-vehicle operator from crossing over a solid yellow line into the opposing lane of traffic. A residential-housing law required all landlords to provide “safe and sanitary living quarters” for their residential tenants, but elaborated no further.Based solely on this information, which law is a better candidate for negligence per se: the motor-vehicle law or the residential-housing law?86A traffic law required pedestrians to walk facing oncoming traffic or incur a criminal fine. A pedestrian was walking while facing traffic when he ...
A traffic law required pedestrians to walk facing oncoming traffic or incur a criminal fine. A pedestrian was walking while facing traffic when he saw a large dog rushing to attack him. To avoid the dog, the pedestrian crossed the road and walked facing away from traffic. The dog did not follow. Moments later, a driver negligently steered off the road and struck the pedestrian. The pedestrian sued the driver for negligence. Under applicable law, the pedestrian cannot recover if his own negligence contributed to his injuries. The driver argued that it was negligence per se for the pedestrian to walk facing away from traffic.Assuming that the pedestrian’s conduct here satisfies the elements of negligence per se, is it possible for the pedestrian to show that an exception to negligence per se applies here?87What is a breach of duty?
What 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?
In 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?
What 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?
Does 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?
How 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?
How 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?
Do 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?
What does the term res ipsa loquitur mean?95What is the procedural effect of successfully invoking the doctrine of res ipsa loquitur?
What 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?
What 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...
If multiple defendants in a hierarchical relationship had control over the harmful instrumentality, will courts permit the doctrine of res ipsa loquitur to apply against all defendants?98If the plaintiff’s own negligence contributed to the harm, can that preclude the application of the doctrine of res ipsa loquitur?
If 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...
If a defendant complies with customs and safety practices standard in the defendant’s industry, does that always prevent a fact finder from determining that the defendant’s behavior was negligent?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...
In determining the level of care a reasonable person should exercise to avoid being negligent, do courts take into account an adult defendant’s serious mental impairments (e.g., insanity or unusually low intelligence)?101After surgery under general anesthesia, a patient awakened to excruciating abdominal pain. Subsequent examination revealed that a surgical instrume...
After surgery under general anesthesia, a patient awakened to excruciating abdominal pain. Subsequent examination revealed that a surgical instrument had been left inside the patient’s body.To establish medical negligence (malpractice), must the plaintiff hire a surgeon or other relevant medical expert to testify as to the customary level of care for the kind of medical treatment the patient received?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...
A state statute prohibited parking in spaces for the disabled without a valid permit and imposed a criminal fine for violations. The statute was meant to provide ease and safety for disabled customers entering and exiting stores. A young driver who did not have a permit parked in the only disabled parking space at a grocery store, forcing an elderly driver with a permit to park several rows away from the entrance to the store. While the elderly driver was inside shopping, a snowplow run into the elderly driver’s car and damaged the vehicle. The elderly driver sued the young driver for negligence for the vehicle damage.Can the elderly driver rely on the young driver’s statutory violation to establish that the young driver breached the duty of reasonable care?103In addition to proving duty, the standard of care, and breach of that duty, what else must a negligence plaintiff prove?
In 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?
For purposes of negligence, what is legal harm?105For purposes of negligence, what is physical harm?
For purposes of negligence, what is physical harm?106What are the three basic types of legal harm in negligence?
What are the three basic types of legal harm in negligence?107What is the but-for test for actual causation?
What is the but-for test for actual causation?108What is the concurrent-causes doctrine?
What is the concurrent-causes doctrine?109What is the substantial-factor test for actual causation?
What is the substantial-factor test for actual causation?110For purposes of negligence, what are the major theories under which causation may be proven?
For 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?
Can 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?
What 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...
A 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 let the dog run loose and chase a jogger. The jogger ran across an intersection to escape the aggressive dog. At that moment, the driver awoke as the car was speeding through a red light, striking the jogger in the intersection. The jogger suffered serious injuries. The jogger later sued both the driver and the dog owner for negligence.Can the jogger prove the element of actual causation against both the driver and the dog owner for the jogger’s injuries?114A supervisor on a construction site spotted a plane flying low overhead with smoke streaming from its engines. The supervisor sounded a warning sir...
A supervisor on a construction site spotted a plane flying low overhead with smoke streaming from its engines. The supervisor sounded a warning siren. An independent contractor on the site quickly ducked into a safety position. The contractor was wearing a safety helmet issued by the supervisor. The plane crashed into the construction site. A large piece of debris from the plane landed on the contractor’s head and caused a significant injury. The contractor sued the operator of the construction site for negligence. The contractor’s expert testified that the safety helmet had an internal crack that rendered it unsafe for ordinary construction use and that the operator knew of the defect.Has the contractor established the element of actual causation?115For purposes of a negligence claim, what is the doctrine of alternative causes?
For purposes of a negligence claim, what is the doctrine of alternative causes?116What is the doctrine of market-share liability?
What is the doctrine of market-share liability?117What is the market-share test for causation used in some products-liability cases?
What 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...
For purposes of the substantial-factor test for actual causation, must each force that combined to cause the plaintiff’s harm be the result of someone’s negligence?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...
Generally, if a defendant’s negligence causes harm, is the defendant liable for the full extent of the harm caused even if a later, independent force would have caused the same harm anyway?120What is the alternative-causes doctrine?
What 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...
Two teenage pranksters, without any agreement between them or even awareness of one another, both decided to drop water balloons from a highway overpass onto oncoming traffic. As a car approached, each prankster dropped a single water balloon, hoping to hit the car’s windscreen. This behavior was negligent. Only one of the balloons hit the car, but that balloon created enough shock and disturbance to cause the driver to veer off the road and suffer injuries. The driver sued both pranksters for negligence. However, the driver could not establish which prankster’s balloon hit the car and caused the harm.Who bears the burden of proof on the element of causation?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...
A 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 a telephone wire that happened to be hanging in the air near the dam. Due to the telephone company’s negligence, the wire was carrying an excessive electrical charge that instantly killed the kayaker. Thus, the wire was an actual cause of the kayaker’s death. The kayaker’s estate sued the telephone company for the kayaker’s wrongful-death.May the telephone company rely on the kayaker’s imminent peril to mitigate the amount of damages the telephone company owes for its negligence?123If multiple tortfeasors were responsible for a plaintiff’s harm, will a court apportion the responsibility among the various culpable parties?
If 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?
For 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?
For 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?
What 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?
What 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.
What 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...
When multiple tortfeasors knowingly act together and render substantial assistance to one another in causing a plaintiff’s harm, are they acting in concert with one another?130How is responsibility apportioned among multiple tortfeasors who act in concert to cause a plaintiff’s harm?
How 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?
For 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?
For 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...
Under the doctrine of several liability, is a plaintiff’s recovery from a particular defendant limited to that defendant’s proportionate share of damages?134For purposes of multiple tortfeasors found liable for an indivisible injury, what is joint and several liability with contribution?
For 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...
In most jurisdictions, if a defendant who has been found jointly and severally liable pays the full amount of the plaintiff’s damages, may that defendant then seek contribution from the other defendants who were also found liable?136For purposes of multiple tortfeasors found liable for an indivisible injury, what is joint and several liability with reallocation?
For 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?
For 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?
For purposes of a plaintiff’s recovery for damages in tort, what is a release?139What is the one-satisfaction rule?
What is the one-satisfaction rule?140What is the collateral-source rule in negligence?
What 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...
May 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 not tortious?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?
If 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...
A husband and wife were fire breathers who performed together in a traveling circus. The husband and wife tried to keep their motions in sync throughout the performance. For the grand finale at one performance, the husband and wife both breathed flames at the same time toward the front of the stage near the audience. Unfortunately, both of them had negligently moved too close to the audience. A child sitting in the front row suffered burn injuries from the husband’s flame.May both the husband and wife be held jointly and severally liable for the child’s injuries?144A worker in a brand-new office building was injured when an elevator unexpectedly dropped two floors. After the accident, investigations showed tha...
A worker in a brand-new office building was injured when an elevator unexpectedly dropped two floors. After the accident, investigations showed that a contractor had negligently installed the elevator. In addition, a building inspector who had certified the building for occupancy had negligently failed to uncover the improper elevator installation during the occupancy inspection.May a court hold the contractor and the inspector jointly and severally liable for the worker’s injuries?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 ...
A farmer owned an apple orchard that was surrounded by four equally sized factories, one on each side (north, south, east, and west). Depending on which direction the wind blew, smoke and fumes blew from one—but only one—of the four factories across the farmer’s orchard and caused damage to the apples. On any given day, the same amount of damage occurred, regardless of which factory was causing the smoke and fumes. The farmer suffered a total loss of his entire apple crop. A local weather agency maintained reliable records on wind conditions. Using these records, the farmer was able to estimate the relative contribution of each of the four factories to the farmer’s overall crop damages.May a court hold the four factories jointly and severally liable for the farmer’s total crop loss?146What is proximate cause?
What is proximate cause?147Is the negligence of others generally foreseeable?
Is the negligence of others generally foreseeable?148Is a defendant liable for all harm that results from his or her conduct?
Is 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?
Does 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?
May 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...
To establish the element of proximate cause in a negligence claim, must the plaintiff show that the precise chain of events leading to the injury was foreseeable?152What is an intervening cause in tort law?
What is an intervening cause in tort law?153What is a superseding cause in tort law?
What 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...
May a defendant be held liable for negligent conduct that caused a foreseeable injury or harm, if the catalyst for the harm was an unforeseeable, intervening force?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...
If 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 subsequent actor?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...
A 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 inadvertently swallowed the coin, and the coin blocked the customer’s airway. The customer passed out and was given emergency cardiopulmonary resuscitation (CPR) by a fellow diner. Due to the diner’s negligently overzealous CPR technique, the customer suffered several broken ribs. However, the customer survived the choking incident.Was the chef’s negligence a proximate cause of the customer’s broken ribs?157Is a tortfeasor generally liable for harm resulting from other people’s responses to the tortfeasor’s negligence?
Is 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?
For purposes of proximate cause, are natural forces treated differently from other intervening forces?159Are the crimes and intentional torts of others considered superseding causes?
Are 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...
Is a defendant generally liable if an intervening force that causes the plaintiff’s injury arises after the risk of harm from the defendant’s negligence has abated?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...
A 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 negligent maintenance, the bridge collapsed one day while a child was walking across it. The child fell into the water. Hearing cries for help, a guest dove into the water to rescue the child. Unfortunately, the guest struck a submerged rock in the river and suffered serious injuries.Was the ranch’s negligence a proximate cause of the guest’s injuries?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 ...
A hot-air-balloon company negligently launched a balloon flight on a day with unreasonably high wind speeds. Because of the high wind, the balloon operator was unable to control the balloon’s speed or direction. The balloon became stuck in a tree at a point where it happened to block the sun from hitting a solar panel that powered an emergency phone call box. Later that night, a pedestrian who was being followed by a suspicious person tried to use the emergency phone to get help. However, the phone did not work, because the solar panel was blocked, meaning the phone had not been able to charge during the day. The suspicious person then punched and robbed the pedestrian.Was the balloon company’s negligence a proximate cause of the pedestrian’s harms?163What is the lost-chance doctrine in the context of medical negligence?
What 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...
A patient had a serious, potentially terminal disease. However, the patient had a 25 percent chance of surviving that disease. A doctor’s negligence resulted in the patient losing that chance of survival. Even without the doctor’s negligence, the patient would have been more likely than not to die. The patient’s estate sued for negligence.May the estate recover damages against the doctor anyway?165Does a possessor of land owe any duty to those who enter upon the land?
Does a possessor of land owe any duty to those who enter upon the land?166Who is an invitee onto land?
Who is an invitee onto land?167Who is a business invitee onto land?
Who is a business invitee onto land?168Who is a public invitee onto land?
Who is a public invitee onto land?169What are the consequences of an invitee exceeding the scope of an invitation to be on the premises?
What 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?
What 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?
What 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?
What 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?
What 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 ...
What 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 property?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...
An 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 noticed an increasing number of accidents involving the water fountain. Shoppers who were focused on their smartphones would fail to notice the fountain, walk straight into the low wall, and fall into the water. As a result, the shoppers often ruined their phones and suffered minor injuries. The shopping center’s lawyer believed the water fountain was an obvious hazard, and any accidents were the shoppers’ own fault for not looking where they were walking. The lawyer advised the center’s management that it need not to take any remedial steps. The shoppers are invitees.Assuming that the water fountain’s danger is obvious, does the shopping-center management have a duty to guard the shoppers from the water fountain’s known and obvious danger?176Who is a licensee?
Who is a licensee?177What happens if a licensee exceeds the scope of the land possessor’s consent to occupy the property?
What happens if a licensee exceeds the scope of the land possessor’s consent to occupy the property?178Can a trespasser become a licensee?
Can 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?
If 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?
What 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...
May a land possessor satisfy the duty of care to a licensee regarding hazardous conditions on the land by providing a warning regarding the hazardous condition and the risks involved?182Who is a trespasser?
Who is a trespasser?183What are the traditionally recognized categories of entrants on land?
What are the traditionally recognized categories of entrants on land?184Who is an unknown trespasser?
Who is an unknown trespasser?185What is a land possessor’s duty to an unknown trespasser?
What is a land possessor’s duty to an unknown trespasser?186May a possessor of land ever use deadly force to protect against trespassers?
May a possessor of land ever use deadly force to protect against trespassers?187Who is an anticipated trespasser?
Who is an anticipated trespasser?188Does a land possessor owe a duty of care to anticipated trespassers?
Does a land possessor owe a duty of care to anticipated trespassers?189Who is a known trespasser?
Who is a known trespasser?190What duty of care does a land possessor owe a known trespasser?
What 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, ...
An 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, meaning that the hikers were trespassing. The owner also knew that this part of the land contained several large sinkholes that had developed naturally over the years. The sinkholes were difficult to notice and posed a hazard to the trespassing hikers. The owner did nothing to warn the trespassers or otherwise reduce the risk. A trespassing hiker fell into a sinkhole on the land and was injured.May a court hold the owner liable to the trespassing hiker for failing to reduce the hazard or otherwise protect the hiker?192What is the child-trespasser doctrine?
What 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...
A 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 it in place. Over the following weeks, the neighbor noticed the broken-down tractor and saw that children from the neighborhood were playing on it. The neighbor knew that the tractor was falling apart and unsafe for children to play on, but the neighbor did nothing to address the risk. One day, a child was seriously injured while playing on the tractor.Did the neighbor breach a duty of care to the child?194In jurisdictions that have eliminated the common-law distinctions among invitees, licensees, and trespassers, what is the standard of care required...
In jurisdictions that have eliminated the common-law distinctions among invitees, licensees, and trespassers, what is the standard of care required of land possessors?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...
What 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 conditions on the land?196Does a land possessor have any duty to people not on the land with respect to natural conditions on the land?
Does 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?
Does 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?
If 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...
What are the exceptions to the general rule that landlords are not liable to tenants or tenants’ guests for injuries caused by defects in the premises?200If a landlord contractually or voluntarily agrees to repair defects in property in a tenant’s possession, how does that agreement affect the landlo...
If a landlord contractually or voluntarily agrees to repair defects in property in a tenant’s possession, how does that agreement affect the landlord’s duty of care?201Does the firefighter’s rule limit or expand a private landowner’s duty of care to firefighters and other public-officers in negligence actions?
Does 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?
What is emotional or mental harm in negligence?203May a negligence plaintiff recover for emotional harm?
May a negligence plaintiff recover for emotional harm?204What is a direct action for negligent infliction of emotional distress (NIED)?
What is a direct action for negligent infliction of emotional distress (NIED)?205What is the impact rule in NIED cases?
What is the impact rule in NIED cases?206What is the zone-of-danger rule in NIED cases?
What 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...
A 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?
What are the requirements for a negligence-based claim for NIED?209What is a bystander action for NIED?
What 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?
May 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?
What 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?
May 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...
May 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 cla...
Are 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 manife...
To 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?
What 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?
In 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...
A 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 crashe...
A 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?
What is loss of consortium?221Is loss of consortium a derivative claim?
Is loss of consortium a derivative claim?222In a loss-of-consortium claim, must the plaintiff demonstrate that the relationship actually suffered to recover?
In 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?
May 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...
An 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?
At 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...
A 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 ...
Due 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 ...
If 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?
Do 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...
If 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?
What is vicarious liability?232What is derivative liability?
What is derivative liability?233Does the fact that someone else is vicariously liable absolve the primary tortfeasor of liability?
Does 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?
Do 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?
Do 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?
Is a vicariously liable party held liable solely because of a special relationship with the primary tortfeasor?237What is negligent hiring?
What is negligent hiring?238What is negligent supervision?
What is negligent supervision?239What is negligent entrustment?
What is negligent entrustment?240What is the doctrine of respondeat superior?
What is the doctrine of respondeat superior?241For purposes of the doctrine of respondeat superior, what is a master-servant relationship?
For 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...
In 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 determinative of whether a master-servant relationship exists?243Can a master-servant relationship exist if the employee receives no compensation from the employer?
Can 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?
Is 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 ...
If an employer and employee agree to characterize their relationship as something other than a master-servant relationship, is this dispositive as to the nature of their relationship?246What is the borrowed-servant doctrine?
What 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...
In general, under the borrowed-servant doctrine, is the borrowing employer subject to liability based on respondeat superior for the employee’s tortious conduct?248Once a master-servant relationship is established, what is the second factor that a plaintiff must establish for a court to impose vicarious liabil...
Once a master-servant relationship is established, what is the second factor that a plaintiff must establish for a court to impose vicarious liability on the employer through respondeat superior?249For purposes of vicarious liability, is the determination of whether the employee was acting within the scope of employment defined by a bright-lin...
For purposes of vicarious liability, is the determination of whether the employee was acting within the scope of employment defined by a bright-line rule?250For purposes of vicarious liability, what are the factors that lead to a determination that an employee acted within the scope of employment?
For 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...
For purposes of vicarious liability, if an employer’s rules prohibited the employee’s tortious conduct, does that render the conduct outside the scope of employment?252For purposes of vicarious liability, what is the going-and-coming rule?
For 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?
For 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?
For 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?
Is 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?
Is 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?
Is 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?
In general, are employers vicariously liable for torts committed by their employees during the employees’ commutes to and from work?259What is an employee frolic?
What is an employee frolic?260May an employer be held vicariously liable for torts committed by its employee during a frolic?
May an employer be held vicariously liable for torts committed by its employee during a frolic?261What is an employee’s mere detour?
What is an employee’s mere detour?262May an employer be held vicariously liable for torts committed by its employees during a mere detour?
May 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?
Are 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...
A 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 the car and drop a letter to his mother in the mailbox. However, because there was no place to pull over, the driver negligently stopped the car in the road. The driver did not turn on the vehicle’s hazard lights or otherwise warn traffic that the car was stopped. While the driver was dropping the letter in the mailbox, another car smashed into the driver’s car. The second car was damaged, and its driver was injured.May the pizza restaurant’s owner be held vicariously liable for damages caused by the delivery driver’s negligence?265Do an employee’s intentional torts fall within the scope of employment?
Do 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...
If an employee consciously commits an intentional tort without explicit instruction or approval by the employer, may the tort still be within the scope of employment?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...
If an employer is held vicariously liable for a harm tortiously caused by an employee, does the employer have a right of indemnity against the employee?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...
If the relationship between an employer and a person hired to perform work is not a master-servant relationship, what is the most likely classification?269In most jurisdictions, is an employer vicariously liable for the acts of an independent contractor who is carrying out inherently dangerous work on...
In most jurisdictions, is an employer vicariously liable for the acts of an independent contractor who is carrying out inherently dangerous work on the employer’s behalf?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 ...
If 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 risks created by the contractor’s work?271What is the primary characteristic that distinguishes an independent contractor from an employee?
What 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?
May 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...
In a jurisdiction that holds that a hospital has a nondelegable duty to provide competent emergency care, may the hospital delegate the duty of care to physicians working as independent contractors?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...
In a jurisdiction that holds that common carriers have a nondelegable duty to transport passengers safely, may the carrier’s duty be satisfied if independent contractors working for the carrier acted with reasonable care?275May employers delegate the duty to provide a safe working environment for their employees?
May 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?
Will 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?
If 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...
May an employer be held vicariously liable for the torts of its independent contractors hired to perform construction, repair, maintenance, or similar work on the premises?279Is an employer vicariously liable for the torts of independent contractors?
Is 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?
As 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?
What is collateral negligence?282Is an employer vicariously liable for an independent contractor’s collateral negligence?
Is 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...
A company decided to hold a publicity event. The company hired an exotic animal trainer to exhibit live tigers during the event. Unfortunately, one of the tigers broke free from the event stage and attacked a member of the audience.May the company be held liable for the audience member’s injuries?284A homeowner hired a professional landscaping company to construct an ornamental pond on the homeowner’s land. While excavating for the pond, the la...
A homeowner hired a professional landscaping company to construct an ornamental pond on the homeowner’s land. While excavating for the pond, the landscaping company negligently failed to notice a water pipe and hit the pipe with the excavating equipment. The pipe burst and flooded a neighbor’s property.Did the homeowner have a duty to prevent this type of damage to the neighbor’s property?285In general, are members of a partnership vicariously liable for torts committed by other partners in the course of the partnership’s business?
In 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?
May 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)?
What is the family-use doctrine (sometimes called the family-purpose doctrine)?288What is a permissive-use statute?
What 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?
May 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?
Are 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...
A 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 teenager’s parents and maintained for the family’s benefit. While driving, the teenager looked down to check a text message and negligently rear-ended a truck. The accident injured the truck’s occupants and caused property damage to the truck.May the teenager’s parents be held vicariously liable for damage caused by the teenager’s negligence?292What is contributory negligence?
What is contributory negligence?293Under the traditional common-law rule of contributory negligence, may a contributorily negligent plaintiff recover any damages?
Under 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...
A helicopter pilot negligently failed to check the helicopter’s fuel level before taking off. Shortly after it left the ground, the helicopter sputtered and crashed into a highway. The helicopter landed on a passing vehicle, damaging the vehicle and injuring the vehicle’s driver. The driver sued the pilot for negligence in a jurisdiction that allows a contributory-negligence defense. The pilot argued that the driver was contributorily negligent, because a nearby police radar had detected that the driver was traveling five miles per hour above the posted speed limit. The pilot argued that, had the driver been traveling at the speed limit, the driver’s vehicle would not have been in the precise location where the helicopter crashed after running out of fuel, and the crash would not have harmed the vehicle or the driver.Has the pilot asserted a valid contributory-negligence defense?295May a plaintiff who was contributorily negligent recover if the defendant’s conduct was reckless or wanton?
May a plaintiff who was contributorily negligent recover if the defendant’s conduct was reckless or wanton?296Is contributory negligence a defense to intentional torts?
Is contributory negligence a defense to intentional torts?297What is the last-clear-chance doctrine?
What is the last-clear-chance doctrine?298Does the last-clear-chance doctrine impose on a defendant a duty to rescue the plaintiff?
Does 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...
A 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 driveway that construction vehicles used to enter and exit the site. While the worker was sleeping, a truck veered off the driveway, ran over the worker, and seriously injured the worker’s legs. An investigation revealed that the driver of the truck was looking down at a smartphone when the vehicle veered off course and hit the worker. The worker sued the driver in a jurisdiction that applied contributory negligence. The driver claimed that the worker’s contributory negligence barred any recovery.Is there a doctrine that the worker could invoke to avoid being denied any recovery?300If a defendant negligently created a danger, does the doctrine of contributory negligence bar a plaintiff’s recovery if the plaintiff negligently i...
If a defendant negligently created a danger, does the doctrine of contributory negligence bar a plaintiff’s recovery if the plaintiff negligently injured himself or herself while trying to rescue the defendant from that danger?301Are there any exceptions to the doctrine of contributory negligence that will permit a negligent plaintiff to recover damages?
Are 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?
For purposes of negligence, what is pure comparative fault?303For purposes of negligence, what is modified comparative fault?
For 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?
Does 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 ...
A 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 vehicle struck by the drunk driver was not wearing a seatbelt. The passenger was thrown from the vehicle and suffered major injuries. The passenger sued the drunk driver for negligence in a jurisdiction that had adopted a modified comparative-fault system. This jurisdiction barred a plaintiff from any recovery if his or her share of fault was greater than the defendant’s share. During the case, the driver introduced evidence that if the passenger had been wearing a seat belt, the extent of the passenger’s injuries would have been reduced.Will the passenger be denied recovery because he was not wearing a seat belt at the time of the accident?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...
If a defendant owes a duty of care to protect the plaintiff from the plaintiff’s own negligence, may the defendant invoke contributory negligence or comparative fault as defenses to the plaintiff’s negligence claim?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...
A 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, and stole valuable property belonging to the guest. The thief escaped into the night and was never caught. The guest sued the hotel’s management for negligence. The fact finder assigned 10 percent of the guest’s damages to the hotel and 90 percent to the thief. Because the thief had not been identified, the guest sought to recover the thief’s 90 percent share of damages from the hotel, as well as the hotel’s 10 percent. However, the guest could recover the entire amount of damages from the hotel only if the hotel was held jointly and severally liable for the plaintiff’s damages.May the hotel be held jointly and severally liable for the plaintiff’s damages?308If a plaintiff requires medical care for a negligently self-inflicted injury, and that medical care causes further injury, may the medical professi...
If a plaintiff requires medical care for a negligently self-inflicted injury, and that medical care causes further injury, may the medical professionals involved raise the defense of contributory negligence or comparative fault?309What is the difference between a pure comparative-fault jurisdiction and a modified comparative-fault jurisdiction?
What 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?
Does the last-clear-chance doctrine apply in comparative-fault jurisdictions?311For purposes of negligence, what is assumption of the risk?
For 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?
If 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...
Is 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 risk?314Must a defendant asserting the defense of assumption of the risk establish that the plaintiff unreasonably failed to protect himself or herself?
Must 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...
A fan attended a professional golf tournament. The fan was a golfer, knew the sport well, and frequently watched golf tournaments on television. At the course, the fan saw that the spectators were allowed to stand unusually close to the golf holes while the contestants were playing. The fan joined the crowd to watch the tournament near the holes. A contestant hit a wild shot that struck the fan, causing minor injuries. The fan sued the tournament organizers in a jurisdiction that allowed an independent assumption-of-risk defense. At trial, the fan produced evidence that the spectators were allowed to stand unreasonably close to the holes, thus increasing the risk of being struck by an errant shot. However, the tournament organizers argued that the fan had assumed the risk of being hit.Have the tournament organizers asserted a valid independent assumption-of-risk defense?316What is express assumption of the risk?
What is express assumption of the risk?317What is contractual assumption of the risk?
What is contractual assumption of the risk?318Have courts ever declined to enforce contractual assumptions of the risk based on public policy?
Have 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 ...
An amusement park printed a waiver on the back of its admission tickets. This waiver stated that, by entering this park, a ticket bearer expressly assumed the risk of any injury or loss suffered while in the park, including from negligence or recklessness, and waived all park liability. A visitor arrived at the park, purchased a ticket, and then eagerly started exploring the park—without first reading the ticket’s back. The visitor rode a roller coaster that, due to the park’s negligence, left the tracks and crashed, injuring the visitor. The visitor sued, alleging negligence. In defense, the park pointed to the waiver on its tickets and argued that the visitor had expressly assumed the risk of a negligent roller-coaster incident.Does the ticket’s waiver clause mean that, by entering the park, the visitor expressly and validly assumed the risk of a negligent roller-coaster accident?320What is implied assumption of the risk?
What is implied assumption of the risk?321What is primary implied assumption of the risk?
What is primary implied assumption of the risk?322Do comparative-fault jurisdictions recognize primary implied assumption of the risk as a valid defense?
Do 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...
If a defendant’s negligence made an activity more dangerous than the plaintiff could reasonably have anticipated when assumng the risk of the activity, may the defendant be held liable for any resulting injury?324What is secondary implied assumption of the risk?
What is secondary implied assumption of the risk?325Is implied secondary assumption of risk an affirmative defense?
Is 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?
What 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 ...
A daredevil invited a friend to go bandit bungee-jumping, which involved quickly installing and using bungee-jumping equipment on bridges or other high places without permission. The daredevil explained the general risks to the friend, like how the jump locations have not been evaluated for safety and that the equipment would be hastily installed and not inspected. The friend voluntarily agreed to participate. However, the friend did not know that the daredevil’s usual gear was unavailable, and the daredevil was using unfamiliar, borrowed equipment. As a result of the daredevil’s lack of familiarity with the equipment, the daredevil incorrectly installed the bungee cord on a bridge railing. When the friend jumped off the bridge, the cord broke loose. The friend fell and was seriously injured.Does the assumption-of-risk defense bar the friend from recovering against the daredevil?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...
A 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 over to help. The driver offered to give the skier a ride, but the driver also confessed to the skier that he had been drinking. The driver offered to let the skier drive, but the skier did not know how. After debating her options, the skier got in the car rather than spend the night exposed to the cold. The driver crashed the car, and the skier was injured. The skier sued the driver in a jurisdiction that had abolished the assumption of risk as an independent defense. The jurisdiction reduced a plaintiff’s recovery for assumption of risk only if the plaintiff behaved unreasonably under a comparative-fault analysis.Will the skier’s recovery be reduced because she knew the driver had been drinking and chose to get in the car anyway?329May a plaintiff recover for injuries resulting from the plaintiff’s own commission of a crime?
May 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?
Can a plaintiff’s criminal conduct create a duty of care for a defendant?331Under Cardozo’s view, when does a duty arise for negligence purposes?
Under Cardozo’s view, when does a duty arise for negligence purposes?332What is the effect of the firefighter’s rule on a public-safety officer’s ability to recover for negligence?
What is the effect of the firefighter’s rule on a public-safety officer’s ability to recover for negligence?333In negligence, what standard of care generally applies if the defendant is a child?
In negligence, what standard of care generally applies if the defendant is a child?334Under negligence per se, unless an exception applies, the specific requirements of a law constitute the appliable standard of care in a negligence ...
Under negligence per se, unless an exception applies, the specific requirements of a law constitute the appliable standard of care in a negligence action if:(1) the law sets forth a ________ and ________ command,(2) the law was meant to prevent the ________ that injured the victim, and(3) the law was meant to protect a ________ to which the victim belongs.335In negligence, res ipsa loquitur applies if:(1) the ________ ordinarily occurs only if someone was ________;(2) the actor had ________ or _______ c...
In negligence, res ipsa loquitur applies if:(1) the ________ ordinarily occurs only if someone was ________;(2) the actor had ________ or _______ control over the injurious instrumentality, making the actor’s negligence the ________ explanation for the accident; and (3) the evidence sufficiently eliminates ________ of the accident, including the victim’s own negligence.336For res ispa loquitur, if multiple actors in a hierarchal relationship control the injurious instrumentality, against whom may res ipsa loquitur ap...
For res ispa loquitur, if multiple actors in a hierarchal relationship control the injurious instrumentality, against whom may res ipsa loquitur apply?337In negligence, the substantial-factor test for actual causation applies if:(1) ________ simultaneously to cause the victim’s harm,(2) any one of th...
In negligence, the substantial-factor test for actual causation applies if:(1) ________ simultaneously to cause the victim’s harm,(2) any one of the forces would have been ________ to cause the harm, and (3) it is ________ which force caused what portion of the harm.338In a negligence action, the alternative-causes doctrine applies if what three criteria exist?
In a negligence action, the alternative-causes doctrine applies if what three criteria exist?339If multiple defendants are jointly and severally liable for an injury and each is assigned a percentage of fault, can the plaintiff recover only th...
If multiple defendants are jointly and severally liable for an injury and each is assigned a percentage of fault, can the plaintiff recover only the corresponding percentage of damages from each defendant?340In negligence, which intervening forces become superseding forces that break the chain of causation between the actor’s breach of duty and the vict...
In negligence, which intervening forces become superseding forces that break the chain of causation between the actor’s breach of duty and the victim’s harm?341Under the attractive-nuisance doctrine, a possessor of land may be liable for injuries to trespassing children if:(1) the injury arises from an ___...
Under the attractive-nuisance doctrine, a possessor of land may be liable for injuries to trespassing children if:(1) the injury arises from an ________ on the premises,(2) the possessor knows or has reason to know children are ________ upon the condition’s location,(3) the possessor knows or has reason to know of the condition’s ________,(4) the possessor knows or has reason to know the condition poses a risk of ________ or ________ to child trespassers,(5) the injured child’s youth prevents him from ________ the condition’s ________,(6) the condition’s usefulness is ________ compared to the danger it poses, and(7) the possessor fails to use ________ to eliminate the danger or protect child trespassers.342A possessor of land may be liable for injuries to anticipated trespassers if:(1) the possessor conducts a ________ or creates a condition involving...
A possessor of land may be liable for injuries to anticipated trespassers if:(1) the possessor conducts a ________ or creates a condition involving significant risk of ________ or ________ to anticipated trespassers,(2) the possessor knows or has reason to know the anticipated trespassers will not ________, and(3) the possessor fails to ________ to exclude or protect the anticipated trespassers.343What two criteria must a person meet to be classified as a business invitee on another’s property?
What two criteria must a person meet to be classified as a business invitee on another’s property?344What are the four elements for a bystander claim for emotional distress?
What are the four elements for a bystander claim for emotional distress?345Do courts ever permit recovery for negligent infliction of emotional distress (NIED) without proof of physical impact or physical manifestation of ...
Do courts ever permit recovery for negligent infliction of emotional distress (NIED) without proof of physical impact or physical manifestation of distress?346A hospital is vicariously liable for malpractice committed by an independent-contractor physician only if:(1) the hospital ________ publicly as off...
A hospital is vicariously liable for malpractice committed by an independent-contractor physician only if:(1) the hospital ________ publicly as offering medical care;(2) the patient looked to the ________ to provide care, not a ________; and(3) a ________ in the patient’s position would believe the physician was the hospital’s ________.