Torts - Duty Based on Relationship

Licensees:

• Have permission to be on the property, but are not there for a business purpose.

• Have permission to be on the property, and are there for a business purpose.

• Don't have permission to be on the property.

• Have a pass card for law classes

The highest duty is owed to:

• Trespassers

• Licensees

• Linseed Oil

• Invitees

The lowest duty is owed to:

• Trespassers

• Licensees

• Linseed Oil

• Invitees

Under Respondent Superior, the employer is liable for employee acts that are:

• Negligent

• Within the scope of employment

• Attractive nuisance

• Ugly nuisance

Which legal principle applies to: An attractive man drives through a red light and runs over grandma

• Attractive nuisance

• Res Ipsa Loquitur

• Known trespasser

• Negligence per se

Which legal principle applies to: An attractive child wonders into her neighbor's yard, and falls into a swimming pool that was not fenced in.

• Attractive nuisance

• Res Ipsa Loquitur

• Rescue Doctrine

• Known trespasser

• Negligence per se

Which legal principle applies to: An attractive airplane crashes and kills all the attractive people on board,

• Attractive nuisance

• Res Ipsa Loquitur

• Known trespasser

• Negligence per se

Which legal principle applies to: The landowner smiles and wavies at the Mockletes, who regularly skip Saturday practice to do the polar plunge at the landowner's abandoned rock quarry.

• Attractive nuisance

• Res Ipsa Loquitur

• Known trespasser

• Negligence per se

True or False. If the plaintiff meets the four elements of res ipsa, they still must show that the defendant failed to act as a reasonable person would.

• True

• False

Answer explanation

Res ipsa satisfies the duty and breach elements.

True or False. The "coming and going" rule applies to property owners that know trespassers are coming and going from their land.

• True

• False

Answer explanation

In states that apply the coming and going law, the employer is liable for negligence commited by its employees while coming to work or going from work.