Welcome to Assignment 8
Negligence is the most common type of tort and the foundation of most personal injury lawsuits. This assignment covers everything you need to know: the four elements a plaintiff must prove (duty, breach, causation, damages), how duty of care varies depending on the relationship, the rules of proximate cause, and the major defenses a defendant can raise to reduce or eliminate liability.
Exam Alert!
Key exam topics: the four elements of negligence, the trespasser/licensee/invitee duty hierarchy, contributory vs. comparative negligence (including the 50% vs. 49% rule trap), res ipsa loquitur, negligent entrustment, and the attractive nuisance doctrine.
What You Will Learn
1. The three classifications of torts and how applicable law is chosen
2. The four elements of negligence and how legal duty arises
3. Standards of care for trespassers, licensees, and invitees
4. Proximate cause rules: "but for," substantial factor, and foreseeability
5. Proof doctrines: negligence per se and res ipsa loquitur
6. Defenses: contributory negligence, comparative negligence, assumption of risk, and immunities
7. Vicarious liability, independent contractor exceptions, and landowner liability
Assignment Parts
Duty of Care & Breach
Tort classifications, applicable law, the reasonable person standard, duty to trespassers/licensees/invitees, breach vs. reckless misconduct, and proof of negligence.
Causation, Damages & Imputed Negligence
Proximate cause rules ("but for," substantial factor, foreseeability), intervening acts, actual injury requirement, vicarious liability, and negligent entrustment.
Defenses to Negligence
Contributory negligence, comparative negligence (pure, 50%, 49%), last clear chance, assumption of risk, immunities, independent contractors, and landowner liability.
Quick Reference Summary
Four Elements
Duty + Breach + Proximate Cause + Actual Injury. ALL four required.
Visitor Duty Hierarchy
Trespasser (lowest) < Licensee (middle) < Invitee (highest duty).
Reasonable Person Test
What would a careful, prudent person do in the same situation?
Proximate Cause
"But for" test, substantial factor, foreseeability. Must link breach to harm.
Comparative Negligence
Pure = always recover. 50% = recover at 50% or less. 49% = under 50% only.
Assumption of Risk
Full knowledge of risk + voluntary choice to face it. Both required.