Negligence is made up of four basic elements. The first element, duty, includes a related concept of “standard of care”. Does that standard of care change depending on the defendant involved, and if so, how?

GOV-360 Topic 3 Negligence Worksheet

Instructions: Provide substantive answers to the following questions.

1. Negligence is made up of four basic elements. The first element, duty, includes a related concept of “standard of care”. Does that standard of care change depending on the defendant involved, and if so, how?

 

2. What is the “reasonable prudent person” standard?

 

3. What standard of care might a landowner owe a trespasser?

 

 

4. What is negligence per se? Why might this be important for a plaintiff to establish?

 

 

5. What is res ipsa loquitur? Why was the concept introduced to torts law?

 

 

6. Look up the case of Palsgraf v. Long Island R.R. Co., Ct. of App. of N.Y., 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928). To the legal community, Palsgraf is very important and famous case. What is the primary concept that Palsgraf helped establish, and why is it important to negligence law?

 

 

7. Let us say that someone negligently causes another person to slip in a puddle of water. The person who slipped received not physical or mental injury from the fall; they simply slipped. Why might this be important for the concept of damages if the person who slipped sued the person that created the negligent risk?

 

 

8. What are the differences between a licensee and an invitee with regard to torts law?

 

 

 

9. What is comparative negligence? What are the different types of comparative negligence?

 

 

 

10. What is contributory negligence? Does the defense seem appropriate to you? Why?

 

 

 

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