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TORTS - Negligence_ Breach and the Standard of Care (highly tested) Questions &Exam (elaborations) answers 100% satisfaction guarantee$7.99
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STUVIA 2024/2025
( <7 ): lacks the capacity to be negligent
(7-14[13])): rebuttable presumption that the child lacks the capacity for negligence
(14-21[20]): rebuttable presumption that the child has the capacity for negligence
In rebutting either presumption, relevant factors include:
(1) the child's age, training, education, experience, ability, judgment, and maturity;
(2) all contextual facts;
(3) the minor's relevant conduct, along with its risks and likely consequences; and
(4) the child's ability to appreciate the risks and consequences - ✔✔Rule of Sevens
(1) creates a permissive inference of negligence.
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(2) The fact-finder may, but need not, find that the actor's negligence caused the
accident - ✔✔Res Ipsa Loquitur
(1) Duty of care of a child of the same age, intelligence, and experience under the
circumstances (subjective)
(2) If a child carries on an adult activity, then the child is held to the adult standard.
(3) adult activity carries an inherent risk of grave harm if not conducted with a typical
prudent adult's care and skill (i.e. driving a motor vehicle) - ✔✔Standards of Care for
Minor Children
(1) law must articulate a mandatory, specific command (as opposed to vague,
generalized guidelines);
(2) law must impose some criminal penalty
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(3) victim must be within the class of persons the law was designed to protect
(4) law must be intended to prevent the type of accident that occurred - ✔✔Elements
of Negligence Per Se
(1) multiple actors were negligent,
(2) at least one caused the harm, and
(3) it is impossible to tell which actor's negligence caused the harm.
***Here, the burden will shift to each negligent actor to show that his negligence did not
cause the injury. Each actor who fails to make that showing will be liable. - ✔✔Actual
Causation - Alternative-Causes Doctrine
(1) multiple forces combine to cause the harm and
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(2) no single force alone would suffice to cause the harm.
***If each force results from a different actor's negligence, then each negligent actor
may be held liable for the entirety of the ensuing harm. - ✔✔Actual Causation -
Concurrent Causes test
(1) multiple forces combined simultaneously to cause the victim's harm,
(2) any one of these forces would have been sufficient by itself to cause the harm, and
(3) it is impossible to tell which force caused what portion of the harm.
***If the actor's negligence was a substantial factor in causing the harm, then that
negligence will be treated as the actual cause of the injury, notwithstanding any other
independent forces. - ✔✔Actual Causation - Substantial-Factor Test
(1) Still reasonable care under the circumstances
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