Bar Exam Negligence Flashcards

What is the rule for duty of care under the Cardozo view regarding a foreseeable plaintiff?

When does a person have an affirmative duty to act?

How are a person's physical characteristics considered in applying the reasonably prudent person standard?

What are the four elements of a negligence claim?

What is the legal status of an individual who enters land without permission or privilege?

What is the legal status of an individual who is privileged to enter or remain on land only by virtue of the landowner's consent?

What does the Hand Formula (B < PL) describe?

When is custom in an industry admissible to show breach of duty?

When is a defendant's conduct the actual cause of the plaintiff's injury under the but-for test?

When is the substantial factor test used to establish actual cause?

What type of damages are not recoverable in a negligence action?

What are the types of damages in tort cases?

What is the effect of contributory negligence by the plaintiff in a jurisdiction that has adopted the doctrine of last clear chance?

What are the main defenses to negligence?

When is an employer liable for an employee's tort under respondeat superior?

What is the frolic and detour distinction in vicarious liability?

When does joint and several liability apply to multiple tortfeasors?

What is the effect of satisfaction of a judgment by one joint tortfeasor?