Negligence Study Questions - Part II

Duty Limited By Kind Of Harm

What is the Zone of Danger test for direct injuries?

What are the special cases where negligent infliction of emotional distress need not meet the zone of danger test?

What is the Zone of Danger test for bystander injuries? (3 elements)

For each tort theory below, who brings the cause of action and what do they need to prove?
Wrongful Conception?
Wrongful Birth?
Wrongful Life

What is consortium and who can recover it?

What does B have to prove to recover compensation for consortium for A's injury caused by D?

In the traditional wrongful death statue as discussed in your book, what is a wrongful death action and who can generally recover?

What does MO add to its wrongful death statute that is unusual?

What is a traditional survival action and how is this modified by MO law?

A is killed when he is run over by D's car, which D is driving. A takes 12 hours to die and is conscious and in great pain. B is A's wife. A has no other relatives. What would be in the wrongful death and survival actions in MO and who would bring them?

Chapter 11. CAUSE-IN-FACT

What is the rule from Summers v. Tice?

What is Market Share Liability and what cases did it arise from?

What is lost Chance and how does it affect damages?

Chapter 12. PROXIMATE OR LEGAL CAUSE

How is cause-in-fact different from proximate cause?

What is the causation issue in the flaming rat case?

What is a dependent intervening force?

What are the key issues in determining if an intervening action cuts of liability?

What is the effect of illegality on the issue of intervening cause?

What is the "Egg-shell" Plaintiff Personal Injury Rule?

What are the issues in applying the egg-shell theory to psychological injury?

Chapter 13. JOINT & SEVERAL LIABILITY

What is joint and several liability?

What is acting in concert?

What is an indivisible injury?

What is vicarious liability?

When are employers vicariously liable for the actions of their employees?

When are employers not vicariously liable for the actions of their employees?

When can an employer be liable for an employee's intentional torts?

What are the tests to determine if someone is an employee?

When can employers be directly, as opposed to vicariously, liable for the actions of their employees?

What is a independent contractor and what is the legal significant of the relationship for torts?

When can someone be liable for the actions of their independent contractor?

What are the three state law approaches to comparative fault and which does Missouri take?

What is contribution?

What is indemnification?

Chapter 14. DAMAGES

What are the different classes of damages that are recoverable in a personal injury lawsuit?

What is the mitigation doctrine?

What are punitive damages and when can they be awarded?

What is the collateral source rule and why does it exist?

Chapter 15. DEFENSES

What is assumption of risk?

What must you prove to establish assumption of risk and how is this relevant to drafting a waiver?

What is express assumption of risk?

What is implied assumption of risk?

What is implied primary assumption of risk?

What is implied secondary assumption of risk?

Why does the reasonableness of the plaintiff's assumption of the risk matter?

What kind of assumption of risks is usually involved in sports?

What could defendant argue in its defense to support "unreasonable" assumption of risk

What is the "Firefighter's Rule?"

What is governmental immunity?

What are discretionary v. ministerial functions?

What are "proprietary" functions and when are they an issue in immunity case?

What is the federal tort claims act?