Study for the Bar in Your Car

Torts - Negligence Part 6 - Negligence Wrap Up and Review


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Get ready to cement your understanding of the bedrock of tort law with "Study for the Bar in Your Car"! In Episode 17: Negligence Wrap-Up, your AI hosts, Ma and Claude, provide a definitive synthesis of the entire negligence framework, drawing directly from Angela's meticulously structured notes. This episode isn't just a recap; it's designed to give you a solid, holistic view of how all the pieces fit together for bar exam success.

You'll master the four core elements of any negligence claim: Duty, Breach, Causation, and Damages. The episode provides a quick yet thorough grasp of:

  • Duty of Care: From the foundational "reasonably prudent person" standard and its adjustments for children (including the adult activity rule) to professionals and the complex categories of landowner duties (trespassers, licensees, invitees, attractive nuisance). You'll also revisit negligence per se and the duty to rescue.
  • Breach of Duty: Learn how conduct falls short of the standard of care, the role of industry custom, and the crucial doctrine of res ipsa loquitur for inferring negligence when direct evidence is missing.
  • Causation: Delve into both factual cause (the "but for" and "substantial factor" tests) and proximate cause (the "legal brake pedal" limiting liability to foreseeable harms). A key takeaway is the eggshell plaintiff rule, where defendants are liable for the full extent of harm, even if unforeseeable, if the type of harm was foreseeable.
  • Damages: Understand compensatory (e.g., medical bills, pain and suffering) and punitive damages (for egregious conduct), and limitations like the economic loss rule.
  • Defenses: Explore comparative negligence (reducing recovery by fault percentage) and assumption of risk (a complete bar if the plaintiff knowingly and voluntarily faced a specific danger).
  • Negligent Infliction of Emotional Distress (NIED): Learn its strict requirements for emotional harm without direct physical injury, including the "zone of danger" and bystander recovery rules. This ties into a powerful real-world example: The Vanessa Bryant lawsuit, highlighting how profound emotional distress linked to negligent or wrongful acts concerning a loved one's death can be legally recognized and compensable, underscoring that harm isn't just physical.

This episode pulls all the threads together, providing a clear roadmap for navigating negligence on the bar exam and in practice. Subscribe to the "Study for the Bar in Your Car" podcast today and elevate your understanding of tort law!

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Study for the Bar in Your CarBy Angela Rutledge, LLM, LLB