1True or false: B<PL is not relevant in a case where there is compelling evidence of industry custom
False, B<PL would be relevant to a case involving custom is relevant to the respective burden and probability of injuries occuring due to any customs that may be negligent
2True or false: Res ipsa loquitor is about using circumstantial evidence to prove a specific theory of negligence
False, RIL is not a substitute for a specific theory of negligence. RIL asserts that negligence is evident due to injuries not having occured, because there is no theory of negligence available for the plaintiff to make
3What is LEAST relevant to applying res ipsa loquitor?
Whether the accident is of the sort of harm that occurs
4True or false: The duty owed to constant/known trespassers regards both natural and artificial conditions
False
5True or false: Possesors of land know about constant trespassers while they are trespassing
False. A possessor of land can still be aware of a constant trespasser without knowing they are trespassing at a given moment
6Under the 2nd Restatement, the attractive nuisance doctrine is concerned with what?
Perils that children may not discover or take seriously because of their youth
7What is a flagrant trespasser?
One who is "egregious and atrocious"
8True or false: Flagrant trespassers are those conspicuously or obviously known to the possesor of land
False, those are constant trespassers. Flagrant trespassers are egregious and atrocious
9True or false: The 3rd Restatement never imposes a duty on possessors of land with respect to flagrant trespassers
False, possessors of land owe a duty of care to all
10True or false: CA protects from liability those who, in good faith, render medical or nonmedical aid, in emergency, uncompensated
True
11True or false: Automobile guest statutes typically raise the standard of care that drivers owe to nonpaying trespassers
False
12True or false: Law typically protects people from liability if they act negligently (don't rise to standard of care) while rescusing someone
True
13True or false: The rule of Tarasoff has been widely followed in jurisdictions other than CA
True
14What two things did the rule of Tarasfoff impose?
1) To impose a duty to warn, there needs to be a special relationship
2) To impose a duty to warn, there needs to be a reasonable foreseeability of harm
15True or false: CA law protects psychotherapists from liability under some circumstances
True
16True or false: Proximate cause is sometimes referred to as factual causation
False, proximate cause is legal causation. Actual cause is factual causation.
17True or false: Hoyt v. Jeffers is an example of using circumstantial evidence to prove general causation
False
18True or false: With alternative liability, each defendant has the oppurtunity to prove they are not the source of the harm
True
19True or false: The difference between J&S liability and alternative liability is that, with the latter, a defendant can prove she didn't cause the harm
True
20True or false: Market share liability most often finds application in cases based on negligence
False, market share liability most often is a strict liability claim
21True or false: Cardozo's approach in Palsgraf gives us no proximate cause analysis
True
22True or false: Quality Pontiac (Herrera) most closely tracks Cardozo's approach to proxmate cause rather than Andrews' approach
True
23What proximate cause factor was more prominent in the proximate cause analysis in Quality Pontiac (Herrera)?
Remoteness in time and place
24What proximate cause factor takes on great significance in the Stahlecker court's analysis?
Defendant (D1)'s control of the person (D2) or premises
25True or false: Courts are predictable and consistent with how they handle, in the proximate cause analysis, intermediate acts that are criminal
False
26True or false: Custom refers to the practice of the given defendant in what precautions they typically take in running their business
False
27True or false: The default rule with NIED is the impact rule
True
28True or false: Bystanders are the most favored category of plaintiffs in NIED cases
False
29What contractual services carry deep emotional responses for NIED purposes?
Fertility treatment, switched babies at birth, providing legal advice regarding immigration, misdiagnosis by a medical professional, mishandling a corpse
30True or false: Burgess (momaby NIED case) left intact the rule of Molien
False. This case found that the doctor owed a duty of care to both the mother and baby, that the duty to a direct victim requires more than foreseeability, and that damages for NIED may be recovered in the absence of physical impact (the mother's in this case)
31True or false: Thing v. La Chua was controlling precedent in Burgess (baby/mom NIED case)
False
32True or false: The direct victim in direct victim NIED cases is always the primary victim
False, a direct victim is someone who piggybacks their claim off a primary victim
33Which case is better for teaching purely economic loss? Barber Lines or SoCal Gas Leaks?
Neither, because PCEL was denied in both cases.
34True or false: NIED is not an exception to the rule of no recovery for economic loss per Barber Lines
True
35True or false: A third-party beneficiary of a breached contract is more likely to recover in tort for purely economic loss than one in privity of contract with the defendant
True
36True or false: All states restrict loss of consortium damages to lawfully wedded spouses of the physically injured party
False