Analysis

Question 1

Overall Approach

Answer 1

1. Divide by parties
2. Within each party group, discuss, in order, each tort
3. Appropriate defenses
4. Set out rule only one time
5. Mini IRAN under each element

Question 2

Negligence

Answer 2

Start with umbrella statement

The 5 elements of negligence are:
1. Duty
2. Breach
3. Actual Cause
4. Proximate Cause
5. Harm

Do NOT forget to conclude whether there is a prima facie case of negligence

Question 3

Duty

Answer 3

1. Standard of care
2. To whom duty is owed
3. Zone of danger/foreseeable plaintiff

→ If multiple duties (discuss each one under a duty section as well as a breach section!!)

Question 4

Duty (Person on Premises)

Answer 4

1. Classify what the plaintiff is (invitee, licensee, or trespasser)
2. Discuss possessor’s duty