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. ...
- who would you expect to be injured by the negligent action?
- this is whats "forseeable" in determining proximate cause
Polemis Rule - Answer✔️✔️-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 - Answer✔️✔️-1. Dual Cause
2. Substantial Factor
3. Loss of Chance
4. Joint and Several Liability
5. Marketplace Liability
loss of chance doctrine - Answer✔️✔️-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.
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