Negligence: Duty

Question 1

Elements of negligence

Answer 1

1. Duty (obligation to other party)
2. Breach (failure to meet obligation)
3. Causation (cause in fact and proximate cause)
4. Damages (the loss suffered)

Question 2

Duty

Answer 2

a legal obligation to act in a certain way

Question 3

What is the standard of care in most duties

Answer 3

reasonable care

Question 4

A duty of care is generally owed to all persons who ?

Answer 4

may foreseeably be injured by the defendants course of conduct

Question 5

there is no liability to ?

Answer 5

an unforeseeable plaintiff

Question 6

Cardozo approach (majority view)

Answer 6

Considers whether the P is a member of the class of persons who might be foreseeably harmed by the conduct

Question 7

Andrews approach (minority view)

Answer 7

Any time conduct could harm someone, there is a duty to everyone

Question 8

In general, there is no?

Answer 8

no affirmative duty to help others

Question 9

Exceptions to there not being an affirmative duty to help others

Answer 9

• Assumption of duty (voluntarily aiding or rescuing another - now have a duty of reasonable care)
• Placing another in danger
• By authority (a person w/ the ability and actual authority to control another)
• By relationship (D has a special relationship w/ P)