1
What are the elements of negligence
What is Duty, Breach of Duty, Cause in Fact, Scope of liability and damages
When is someone in breach of duty
What is when they do not cohere to the general duty of care
who is the reasonable person
measure of duty owed is that of a reasonably prudent person under similar circumstances
What is the hand formula
B<PL
What are the 3 categories of Status Trichotomy
Invitee, licensee, trespasser
What is breach of duty?
what is did the D conduct fall below the level of care
What is the general duty of care
What is obligation to forseeable plaintiffs to exercise reasonable care with regard to forseeable risks of harm from ones conduct
they are held to the general care standard
What do the letters of the hand formula stand for
what iss....
B burden of precaution
P Probability of risk happening
L Nature of serious harm
One who enters another land with owner knowledge and for mutual benefit
Duty: General duty rule
What is Vicarious Liability
what is ..
who else may be responsible
Example employer and employee
what is a licensee and the duty of land owners to a licensee
Duty: not to injure willfully, wantonly, or though gross negligence and in cases where owner/ occupier has knowledge of dangerous condition unknown to licensee, to warn or make sage the dangerous condition
How are individuals with physical disabilities held with respect to the general care standard
what is held to similia circumstances unless the disability is relevant to the negligence
Custom
*idk a for sure definition*
Practice must be widespread
must be result of a safety concern
P may show that D deviated from the custom and therefore it was unreasonable
enters anothers property without any lawful authority
Duty; is not to cause willfully, wantonly, or through gross negligence
What is Res Ispa Loquitor
What is an inference that someone was negligent
What are the exceptions to status trichotomy
Traps and Child trespasser
What is the child standard and the exception
what is held to another child of like age, intelligence, experience, and maturity the exception is inherently dangerous and adult activities
What are the standard care approaches
Strict negligence ( youre negligent no excuse)
negligence per se (a statutory violation creates presumption of breach)
evidence of negligence ( statutory as a part of proving breach but it is not negligence in its whole
what doctrine talks about child trespasser and the exceptions
What is the attractive nuisance doctrine
the exceptions is fire, water, heights, moving vehicle
Statutes and regulations as a standard
in an emergency one may violate a statute and not be negligent
if you have no time to react then there is no emergency
What is the relevancy test of safety statutes?
that P is a member of class that is meant to be protected by the statute
that the harm suffered was of type that protect individual was made to be protected from
What is the rule of 7s
Under 7- incapable of negligence
7-14 - presumed capable of negligence
14-17- minor is capable
How do you analyze the general duty of care?
1. conduct
2. forseeable harm
3. forseeable plaintiffs
What are the potential excuses to negligence per se?
incapacity, no knowledge of occasion, unable to do the right thing, emergency not due to his own conduct, involves greater risk of harm