Law 3800
Dr. Edmonds
Tort Law Study Guide, Part II, Chapter 7
Chapter 7 Negligence and Strict Liability
I
List the five elements of a negligent tort.
II.
Explain “duty of due care”
How does a duty arise?
What liability/duty of care do “Dram Shop” laws address?
Explain the duty of care for each of the following:
General landowners
To trespassers
To trespassing children
To social guests
To business invitees
What is the duty of care for a professional?
III.
What constitutes a breach of a duty?
IV.
Does a plaintiff have to prove negligence if the defendant’s actions
constitute negligence per se?
What are the elements of negligence per se?
V.
Explain causation.
What does Palsgraf v. Long Island Railroad (pages 157 -158) tell us
about causation?
Explain causation in fact
Tort Law Study Guide Part II, page 2
Explain proximate cause
What does “foreseeability” mean?
VI.
How does a finding by a court of res ipsa loquitur affect a negligent
tort case?
VII.
List and explain the three requirements for a finding of res ipsa
loquitur.
VIII.
When may a bystander recover for “injuries”? See Ra v. Superior
Court, pages 166 – 167.
IX.
How does the doctrine of contributory negligence work? Is it widely
used today? Why?
X.
How does the doctrine of comparative negligence work? How does
“pure” comparative negligence differ from the “50% rule”? Give an
example of the application of both to a negligence case.
XI.
Explain “assumption of the risk” as an affirmative defense to a claim
of negligence, and address the recognized limit upon the defense.
XII.
Explain strict tort liability based upon ultra-hazardous activity. Note:
we will discuss product liability based upon ultra-hazardous activity
our discussions of Chapter 22 in the new text.
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