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Mind map

Act by Defendant

Makenna Lee English

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Act by Defendant

  1. Was there a breach of a criminal safety statute?

    • Yes
      • Negligence Per Se
        • Judge's Q's
          • 1. Is statute applicable?
            • a. Safety statute?
              • b. P in protected class?
                • c. P suffered protected harm?
          • 2. Is violation of safety statute excused? (risk outweighed by necessity of emergency care?
        • Jury's Q's
          • 1. If D violated safety statute, the MUST find D negligent.
        • D found to have breached either: 1. duty to comply with criminal statute OR 2. breached duty of reasonable care
          • Was act by D cause in fact AND proximate cause of harm to P? (NEED BOTH FOR RECOVERY)
            • Cause in Fact
              • 1. But-for Test
                • 2. Substantial Evidence Test
            • Proximate (Legal) Cause
              • Tests:
                • 1. Policy Test - line is arbitrary, but is drawn where public policy is best suited
                  • 2. Foreseeability Test (MAJORITY) - D only liable for harm to P if it was foreseeable; increase in time/space, harm is less foreseeable
                    • 3. Direct Consequences Test (MINORITY) - Must be no intervening cause that removes liability from D; intervening act bmust be completely independent of D's orig act
              • Recurring Fact Pattern: EGGSHELL P
            • Harm to P
              • COMPENSATORY DAMAGES!
    • No
      • Common Law Negligence
        • Duty
          • Limited Duty
            • P is licensee (duty to warn of latent/known defects)
          • Duty of Reasonable Care?
            • 1. P in exceptions to "no duty"
              • 2. P is invitee (Maj. = totality of circumstances test)
                • 3. D already D in neg. action (Did D do what a reasonable _______ person would under ______ (emergency) circumstances?)
                  • Reasonable Person Standard
                    • 1. D = superior knowledge (doctor, atty, etc.)
                      • 2. D = minor, use reason. child standard (UNLESS engaged in adult activity driving car, boating, etc.)
                        • 3. D = physically disabled (ex. blind); use reasonable _____ standard
            • BREACH OF DUTY OF REASONABLE CARE
              • Judge's Q's
                • 1. Foreseeable Chance of Harm (D K or SHK)
                  • 2. Unreasonable Risk of Harm (Magnitude of risk outweighs utility of D's conduct)
              • Jury's Q's
                • D do what a reasonable _____ person under _______ circumstances?
        • No Duty
          • 1. D is child (5=Maj., 7=min)
            • 2. D is sudd. and unfore. disabled
              • 3. D is Alzheimers pat.
                • 4. P is tresspasser
                  • 5. D is Nonfeasor
                    • D is nonfeasor UNLESS
                      • 1. D is Cause in Fact of Harm
                        • 2. D undertakes rescue
                          • 3. D has "special relaysh" with P
                            • 4. D has duty to protect P
                              • 5. D has duty to control 3rd party
                                • 6. P (employee) sues D (corp.) that had duty to control conduct of supervisor (D2)
                    • 6. P is engaged in recreat. activity
  2. Negligent Act

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Mind Map on Act by Defendant, created by Makenna Lee on 28/11/2017.
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Makenna Lee
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