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Questions and Answers
What does the General Standard of Care require from an actor?
What does the General Standard of Care require from an actor?
Under the Recreational Use Statutes, what is the primary responsibility of landowners towards non-paying recreational users?
Under the Recreational Use Statutes, what is the primary responsibility of landowners towards non-paying recreational users?
In the context of landlord-tenant relationships, what is the lessee's status regarding land upkeep?
In the context of landlord-tenant relationships, what is the lessee's status regarding land upkeep?
What is a defining characteristic of superseding cause in negligence law?
What is a defining characteristic of superseding cause in negligence law?
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Which option describes an intervening cause in negligence cases?
Which option describes an intervening cause in negligence cases?
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What principle does the assumption of risk rely upon?
What principle does the assumption of risk rely upon?
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What is required for the enforceability of an exculpatory clause?
What is required for the enforceability of an exculpatory clause?
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What does several liability refer to among tortfeasors?
What does several liability refer to among tortfeasors?
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Study Notes
General Standard of Care
- Actors must exercise care a reasonable person would in similar circumstances to avoid causing harm to others.
Child Standard of Care
- A child's standard of care is that of a reasonable person of the same age, intelligence, and experience.
- Exceptions exist for dangerous activities normally engaged in by adults.
Recreational Use Statutes
- Landowners retain special immunities for non-paying recreational users.
Landlord's Duty to Tenants
- Landlords have limited responsibility for the condition of the property during a lease.
- Landlords are not liable for injuries resulting from existing conditions on the land.
Comparative Fault
- Each party is responsible for their portion of damages.
- Defendant's liability is reduced to reflect their share of fault.
- In some cases, the plaintiff receives no damages.
Joint and Several Liability
- Plaintiffs can sue either tortfeasor.
- Plaintiffs can collect full damages from one or both tortfeasors.
Several Liability and Comparative Fault Apportionment Among Tortfeasors
- No tortfeasor is liable for more than their proportionate share of damages.
- If one party's fault is 20% and another's is 80%, the 80% party should collect contribution from the 20% party for 20%.
Insolvent or Immune Tortfeasors
- If a party has no assets, the party is unable to be held liable for damages.
Doctrine of Alternative Liability
- Two independent tortfeasors may be jointly liable if it is impossible to determine which one caused the injury.
- The burden shifts to the defendants if all defendants were negligent and all are equally likely to have caused the injury.
Substantial Factor Test
- Plaintiff must prove that the defendant's action substantially contributed to injury, even if other factors are at play.
- If the defendant's negligence would have caused the harm alone, the defendant is liable, regardless of whether a second cause also operated.
Risk Standard Test
- Liability is limited to harms resulting from the risks that made the actor's conduct tortious.
- Liability is limited to the reasons the actor is considered liable in the first place.
Scope of Liability Test
- Courts analyze risks of conduct to determine if a particular harm is within scope of liability.
Proximate Cause
- Proximate cause considers the scope of a defendant's liability.
- A defendant's actions must foreseeable cause damages claimed.
- Plaintiff must suffer the same type of harm as that which resulted from the defendant's act
Scope of Risk Principle
- Defendants are liable for harms resulting from risks they created (Scope of Risks).
- Defendants are not liable for harms outside the scope of risks they created.
Foreseeable Risks
- Negligent conduct involves unreasonable risks.
- A harm is outside scope of risks if it is unusual or falls outside the scope of foreseeable risks.
Rescue Doctrine
- A person injured trying to rescue another from a risk created by a defendant is considered within the class of persons at risk.
Superseding Cause
- An intervening cause breaks the chain of causation between a defendant's action and a plaintiff's resulting harm.
- If intervening cause is foreseeable, the defendant can still be held liable for the damages caused.
Intervening Cause
- Intervening event that occurs after a defendant's negligent act that contributes to plaintiff's injury.
- For intervening cause to sever the chain of causation, the intervening cause must be unforeseeable.
Assumption of Risk
- Plaintiff voluntarily consents to a known risk.
Exculpatory Clause
- Agreements releasing liability for negligence. Must be clear, unambiguous, and not contrary to public policy to be enforceable.
Primary Assumption of Risk
- A party fully comprehending the risks of an activity.
- No duty of care in primary assumption of risk.
Secondary Assumption of Risk
- Plaintiff voluntarily assumes the risk of known, unreasonable risks.
- Reduces the damages owed.
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Description
Test your understanding of the standards of care in tort law including general, child, and landlord duties. Explore concepts like comparative fault and joint liability. This quiz will enhance your grasp of how these principles apply in legal contexts.
