Torts Exam Study Guide with Complete Solutions

Torts Exam Study Guide with Complete Solutions Elements of Negligence - Answer️️ -1. duty 2. breach 3. causation 4. damages Establishing Duty - Answer️️ -In general, one has a duty to be reasonably careful. - Ways to determine? 1. common knowledge 2. statute 3. foreseeability 4. expert opinions 5. industry standard Professional Negligence - Answer️️ -Professionals are held to national industry standards, NOT the expereince of the individual this standard is OBJECTIVE ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 2 ex: "Reasonably prudent pilot" NOT "a pilot with JFK's experience" Breach - Answer️️ -duty is where we set the bar, breach is if you are over or under that bar of standard of care owed to another caustation - Answer️️ -asks "did the breach cause the damages?" must satisfy both cause in fact AND proximate cause causation in fact - Answer️️ -"but for" causation If "but for" doesn't work, the actor's negligence must have been a SUBSTANTIAL FACTOR in contributing to the harm (2 fires case) must be more than remote or trivial relationship to harm done does not have to be the only cause proving causation in fact - Answer️️ -- must prove by preponderance of the evidence - burden of proof rests on plaintiff proximate cause - Answer️️ -The harm done is a natural and probable consequence of the negligent action must be close in time and space - cannot be too attenuated with too many intervening variables Palsgraf Rule - Answer️️ -Zone of danger rule ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 3 - freeze time right before harm occurs - who would you expect to be injured by the negligent action? - this is whats "forseeable" in determining proximate cause Polemis Rule - Answer️️ -Severity of damage does not matter - actor is liable for ANY harm that occurs from a forseeably negligent act - ex: when the movers negligently dropped the plank, it was forseeable that someone would get hurt/some damage would occur. The fact that nobody could have forseen the whole ship burning down does not matter. Exceptions to Causation - Answer️️ -1. Dual Cause 2. Substantial Factor 3. Loss of Chance 4. Joint and Several Liability 5. Marketplace Liability loss of chance doctrine - Answer️️ -When a physician negligently misdiagnoses a potentially fatal disease and thereby reduces the patient's chance of survivial, but the patient's chance of recovery was less than 50% even prior to the misdiagnosis, plaintiff ordinarily cannot prove that but for the physician's negligence the plaintiff's death wouldn't have happened. ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 4 TWO VIEWS: STATES DIFFER 1. If a Doctor's negligence reduces P's chance of survival, regardless of original chance, Doctor negligent 2. If patient is below 50% chance of living, and then doctor reduces these odds further, plaintiff cannot recover Eggshell Rule - Answer️️ -The defendant takes the plaintiff as they find him - can be held liable for ALL injuries regardless of any conditions