Negligence

1096 WordsMay 4, 20135 Pages
How to Avoid 4 Common Negligence Mistakes on Torts Essays Wednesday, December 5, 2012 California Bar Applicants, Welcome to the latest issue of our California Bar Exam newsletter. For those of you preparing for the February 2013 exam or looking ahead to the July 2013 California bar exam, we consider the following in this issue: • Important Upcoming California Bar Exam Dates • Recent BarReviewSolutions.com California Bar Exam News & Announcements • California Bar Exam Essays In-Depth: How to Avoid Common Mistakes with Negligence on Torts Essays • California Bar Exam Newsletter Discount Important Upcoming California Bar Exam Dates ________________________________________ • Final Filing Deadline for February 2013 Exam: January 15,…show more content…
The Cardozo standard espouses a duty is owed to foreseeable individuals in the zone of danger. Whereas, the Andrews standard espouses a duty is owed to all. After applying these standards, one may conclude if a Duty is actually owed to the plaintiff. The second part of any Duty analysis should then address the standard of care that the defendant owed the plaintiff. Absent any special duty (e.g., invitee, licensee, etc...), the ordinary standard of care is that of a reasonably prudent person in like or similar circumstances. That is, the defendant owes a duty to the plaintiff to act as a reasonably prudent person in like or similar circumstances. Too often, we see individuals omit one of these two parts of Duty for their treatment of the issue on a Torts essay. Mistake 2. Premature Discussion of Breach; Avoid by Clearly Delineating the Issues of Duty and Breach Another Negligence mistake encountered by individuals is prematurely including Breach analysis in the Duty analysis. In this case, an individual will identify the issue for discussion as Duty but then proceed to explain how the Duty was breached without first explaining whether a duty is owed or identifying the standard of care. Essentially, this mistake leads an individual to omit the analysis of Duty altogether. To avoid this same mistake, reserve the analysis for

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