2013-Fall-Lumsden-Torts-Answer

2013-Fall-Lumsden-Torts-Answer - I D T...

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ID: 10: Exam Name: Grade: Torts_LSl_(Lumsden)_final_l3FL Golden Gate University School of Law (Exam Number) ~LS1_(Lumsden)_finai_13FL ~;/t;c; ( Page 1 of 1 Exam taken with SofTest 1111.0 .270.93938
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ID: Torts_LS1_(Lumsden)_final_13FL 1) ========Start of Answer #1 (2233 words)======== Wendy v. Hook on behalf of Pan Wendy could bring a suit gains! e.an for ne~e and against Hook for negligent entrustmenlj (_} (~ Negligent Entrustment: When the supplier, directly or through a third party, supplies a chattel f~!:_use ~one whom the supplier knows or has reason to know (because of intelligence or disability) could create an unreasonable risk of harm to himself or others, the supplier may be held liable for the injuries which result from the person's use of the chatt~ 'f S Here, Hook had reason to know that entrusting his eleven-year-old son with a set of bow and arrows poses an unreasonable risk of harm to the child or to others. He had reason to know that because of Pan's age and inexperience he would create the rick of harm not only to himself, but to others that could incur injury as a result of a wayward arrow or something of the like from the use of the bow and arrows. Therefore, Hook should be liable for the injury suffered from Pan's use of the bow and arrows. Negligenc{ . J negligence is the conduct which falls below the requisite statndard of car implimented by law. It is failiure to act when a duty is owed (n~~_sance) or lawfully acting in a Page 1 of9
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(Question 1 continued) ID: Torts_LSl_(Lumsden)_final_l3FL wrongful way (mis~nce~ In order to establish a negligence claim, a Plaintiff (P) must prove that the Defendant (D) owed a duty to the P, that duty was breached, the D's actions were the actual and proximate cause of P's injuries, and there was injury (harm) suffered (damag'::J ~ Generally there is no affirmative duty to act. However, there are exception: when there is a preexisting or special relationship between the defendant and the plaintiff (i.e. parent to child, common carrier); when the Defendant created the risk of harm to the Plaintiff; when the Defendant actually created the harm to the Plaintiff; when the Defendant had a special relationship with the perpetrator of the harm; when the . - Defendant went to the aid on another when there was no obligation to do so (voluntary undertaking); when proscribed by custom in some situations; and when a statute applies. N [} NJ.Q.~ /-} ----- f. ~~- '{, T 1 Q.. ,.;~._ '3"'4- ~ -- --;-k.; "frA-( When the Defendant creates the risk of harm, they owe a duty to all f~reseeable Plaintiffs within the zone of danger created by the risk of harm. This is the majority view -- - ·-· .,._. - as expressed by C_~rdozo _ in _ P~lsgraf. There is also a min~r}ty view expressed by Andrews in Palsgraf, which holds the Defendant liable for injury to al! P!~intiffs, foreseeable or not, when Defendant's negligence was the proximate cause of those .
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