TORTS FINAL FALL EXAM 2025
QUESTIONS AND ANSWERS
Standard of care - extraordinary knowledge and skill - ANS reasonable skilled person under
the circumstances
standard of care - physical disability - ANS reasonable physically disabled person under the
circumstances
standard of care - mental disability - ANS no altered standard - regular adult standard
standard of care - children - ANS reasonable care of child of like age/intelligence/experience;
EXCEPT adult-like activities (motorized vehicles)
standard of care - sudden emergency - ANS 1. not negligent prior
2. sudden/no warning
3. reaction spontaneous
standard of care - extraordinarily dangerous activities - ANS reasonable care proportional to
the danger
no duty to act/aid others UNLESS - ANS 1. responsible for placing one in perilous position
2. act to protect another
3. special relationship compels action
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, Rescue doctrine - ANS danger invites rescue
Firefighter rule - ANS no duty to emergency workers who are paid to help
Duty to third party - Mental Health Professionals - ANS 1. specific/immediate threat of
serious bodily injury has been conveyed by patient to professional regarding
2. specifically identified or readily identifiable victim
Duty to third party - Physicians - ANS duty to warn patient's immediate family against
foreseeable risks
Duty to third party - Employers - ANS reasonably prudent employer under the circumstances
to prevent risk of employee harming others
negligent infliction of emotional distress - ANS If D creates a foreseeable risk of physical
injury to P, they owe a duty to not cause emotional distress to P
Zone of Danger rule - ANS must show distress caused by threat of physical impact
Dillon rule/bystander rule - ANS 1. present at scene
2. observed/perceived event
3. closely related
primary assumption of the risk - ANS inherent risk/obvious dangers:
1. positive, desirable risks; or
2 negative risks that cannot be eliminated through reasonable care.
Duty to trespassers (non-criminal) - ANS Duty to refrain from gross negligence
2 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
QUESTIONS AND ANSWERS
Standard of care - extraordinary knowledge and skill - ANS reasonable skilled person under
the circumstances
standard of care - physical disability - ANS reasonable physically disabled person under the
circumstances
standard of care - mental disability - ANS no altered standard - regular adult standard
standard of care - children - ANS reasonable care of child of like age/intelligence/experience;
EXCEPT adult-like activities (motorized vehicles)
standard of care - sudden emergency - ANS 1. not negligent prior
2. sudden/no warning
3. reaction spontaneous
standard of care - extraordinarily dangerous activities - ANS reasonable care proportional to
the danger
no duty to act/aid others UNLESS - ANS 1. responsible for placing one in perilous position
2. act to protect another
3. special relationship compels action
1 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
, Rescue doctrine - ANS danger invites rescue
Firefighter rule - ANS no duty to emergency workers who are paid to help
Duty to third party - Mental Health Professionals - ANS 1. specific/immediate threat of
serious bodily injury has been conveyed by patient to professional regarding
2. specifically identified or readily identifiable victim
Duty to third party - Physicians - ANS duty to warn patient's immediate family against
foreseeable risks
Duty to third party - Employers - ANS reasonably prudent employer under the circumstances
to prevent risk of employee harming others
negligent infliction of emotional distress - ANS If D creates a foreseeable risk of physical
injury to P, they owe a duty to not cause emotional distress to P
Zone of Danger rule - ANS must show distress caused by threat of physical impact
Dillon rule/bystander rule - ANS 1. present at scene
2. observed/perceived event
3. closely related
primary assumption of the risk - ANS inherent risk/obvious dangers:
1. positive, desirable risks; or
2 negative risks that cannot be eliminated through reasonable care.
Duty to trespassers (non-criminal) - ANS Duty to refrain from gross negligence
2 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
