Flags

Question 1

remoteness in time in space, even if foreseeable, purely factual argument

Answer 1

UFPV

Question 2

qualifications

Answer 2

YTH standard (young, dumb, inexperienced) and permanent impairment not mental

Question 3

affirmative conduct, direct (moving body) indirect (lifeguard, woman waiving in window)

Answer 3

nonfeasance (duty)

Question 4

gov’t official/officer, allocation of resources, separation of powers, improper execution of gov’t policy (cop going 55 in 50 zone)

Answer 4

gov’t immunity

Question 5

hospitals/utilities (conEd) unlimited unknown # of Ds

Answer 5

economic policy

Question 6

if someone admits to neg

Answer 6

no neg argument and no c/f because it’s conclusive

Question 7

better for P, need SIC to get off

Answer 7

Polemis jur

Question 8

Statute

Answer 8

NPS

Question 9

pharmaceutical companies, large corps, profit %

Answer 9

sindell/market share liability (MSL)

Question 10

better for D, argue SIC then this and then UFV

Answer 10

UFTO

Question 11

object/machine caused damage, mechanical malfunction, freak acc., no witness, unclear what D did, conflicting ev

Answer 11

RIL

Question 12

when do you find proximate cause?

Answer 12

after negligence and causation

Question 13

complete bar to recovery, reckless P (actual knowledge of risk)

Answer 13

UAR

Question 14

heating block (nurse, fireman)

Answer 14

SIC

Question 15

no liability for acts of drunk guests

Answer 15

social hosts

Question 16

accident/bad/conduct/no statute

Answer 16

negligence RPS R/AV

Question 17

d liable as long as there isn’t a SIC/ car acc.

Answer 17

eggshell/thinskulled P

Question 18

contracts, sign away the right to sue, firefighter rule (already been paid for risk)

Answer 18

EAR

Question 19

P is witness to a 3rd party harm, trauma, sudden, unexpected exposure, threat immediate harm

Answer 19

negligent emotional distress

Question 20

P had knowledge of risk, reckless P

Answer 20

IAR

Question 21

SL, property, dangerous activity leading to high risk of harm (better for P)

Answer 21

Ultrahazardous activity (UHA) (restatement 1)

Question 22

mirror image of negligence argument, bars recovery for P. Only use when both parties are neg

Answer 22

contributory negligence (CN)

Question 23

Medical malpractice, lots of stats

Answer 23

loss chance

Question 24

multiple cause in facts, identical cause in facts, can’t tell which one

Answer 24

summers and tice/alternative liability

Question 25

multiple cause in facts, doing something together, can't tell which one

Answer 25

concert in action (c/action)

Question 26

one time expense, a lot of people have it

Answer 26

business custom

Question 27

toxic leaks, typhoid,

Answer 27

statistical evidence

Question 28

invitee, licensee or trespasser

Answer 28

premises

Question 29

not SL but neg, similar to RIL, acc don't happen unless someone is N, property, dangerous activity, leading to high risk of harm (better for D)

Answer 29

abnormally dangerous activity leading to high risk of harm (Restatement 2)

Question 30

D wants to avoid being held liable in full

Answer 30

comparative fault (CF)