negligence

Question 1

duty to trespassers

Answer 1

duty to refrain from willful / intentional misconduct

if trespasser discovered / anticipated:

warn of hidden dangers but no duty to warn of natural conditions / artificial conditions that don’t cause risk of death

Question 2

attractive nuisance

Answer 2

artificial condition exists that owner knows
owner knows condition presents unreasonable risk of death / serious harm
children cannot appreciate risk because of age
utility of maintaining condition is slight compared to risk
owner does not exercise reasonable care

Question 3

licensees

Answer 3

duty to warn of concealed dangers (natural / artificial)

no duty to inspect

Question 4

vicarious liability intentional torts

Answer 4

employer not liable unless force within scope of employee’s work

Question 5

independent contractor

Answer 5

sufficient control > employer not liable

UNLESS

inherently dangerous / non-delegable

Question 6

business partner liability

Answer 6

can be liable for business partner torts if within scope of business’ purpose

Question 7

automobile vicarious liability

Answer 7

negligent enstrument > directly liable for negligently entrusting vehicle

family purpose > liable for tortious act of family member driving

owner liability statute > liable for tortious act of anyone driving car w/ permission

Question 8

dram shop

Answer 8

direct, not vicarious liability