Torts

Question 1

Negligence

Answer 1

Duty
Breach
Actual cause
Proximate cause
Harm

Question 2

Who is owed a duty

Answer 2

All foreseeable Ps- Ps within the zone of foreseeable harm

Question 3

Exceptions to no duty to act

Answer 3

Assumption of duty
Psychotherapists duty to warn

Question 4

Standard of care

Answer 4

To act as a reasonably prudent person under the circumstances

Question 5

Duty to trespassers

Answer 5

Refrain from willful, wanton, reckless, or intentional misconduct

Question 6

Duty to invitees

Answer 6

Inspect and discover unreasonably dangerous conditions and protect the invitee from them

Question 7

Duty to licensees

Answer 7

Duty to warn of concealed dangers that are known or should be obvious and use reasonable care in conducting activities

Question 8

Doctrine of alternative liability

Answer 8

Occurs when
1) multiple tortfeasors
2) at least one caused the plaintiffs harm
3) it is impossible to tell which one did

Question 9

A court may grant a motion to quash a subpoena of…

Answer 9

An unretained expert witness’s expert opinion that (1) does not describe specific occurrences in dispute and (2) results from the experts independent study instead of a party’s request OR
Trade secrets or confidential research

Question 10

Intentional misrepresentation

Answer 10

D knowingly or recklessly misrepresents a material fact with intent to induce Ps reliance and P reasonably relies on Ds misrepresentation and suffers a pecuniary loss as a result

Question 11

Negligence per se

Answer 11

1) D violated a statute or ordinance
2) statue was intended to prevent the type of harm suffered by the P
3) P is within a class of persons that the statue was intended to protect