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TORTS II EXAM FRAMEWORK (NEGLIGENCE QUESTION (Duty/Scope (Duty rule (On…
TORTS II EXAM FRAMEWORK
NEGLIGENCE QUESTION
Duty/Scope
Duty rule
Exceptions (8)
On premises
Trespasser
Licensee
Invitee
If duty is from statute
Was P in class statue was meant to protect
Was harm type of harm statute was trying to protect from
Should court impose duty?
5 factors
Was risk w/in scope of that duty?
Breach of duty
Risk utility analysis
Cause in fact
But for test
Substantial factors
Damages
Nominal
Compensatory
Collateral source rule
Punitive damages
Gore factors
DEFENSES
Contributory neglgience
Comparative fault
Watson factors (5)
Assumption of risk
Expressed assumption of risk
Implied assumption of risk
PRODUCTS LIABILITY QUESTION
Design defect
Time defect existed
What is a reasonably anticipated alteration (RAA)
RAA is not
RAD to prevent harm and likelihood/gravity of harm outweigh burden of adopting RAD
Feasibility (function or cost)
State of the art defense
Sufficient warning =may not be liable
Inadequate warning
Time defect existed
RAA def
RAA is not
Post manufacturing duty to warn
State of the art defense
Duty to warn excused
Manufactoring defect
Types of manufactures
Strict liability
Time defect exists
Breach of expressed warranty
Definition
Time defect existed
State of art defense
Duty excused
DEFENSES
Victim fault
Third party fault
Force majeur
OTHER PROCEDURAL VEHICLES
Survivors action
Negligent Infliction of Emotional Distress
Wrongful death
Liability
Vicarious
Strict
Time limits
Statute of limitations
Statute of repose