How to Ace FYLSE/2011 F Q4

http://admissions.calbar.ca.gov/LinkClick.aspx?fileticket=bh5Y-xQTGA0%3d&tabid=2348

Fact Summary

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G, a student, left the school while unsupervised and went to F to work for money. While working and in a hurry, G hit and injured P. P's husband H came to see P and was shocked and suffered an injury.

Outline

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P v. G

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Negligence
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  • Duty: foreseeable plaintiff
  • Breach
  • Causation
  • Damage
Defenses
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  • Fireman's Rule

P v. F

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Negligence
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  • Respondeat superior: employee v. independent contractor
  • Duty: foreseeable plaintiff
  • Breach
  • Causation
  • Damage
Defenses
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P v. SD

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Negligence
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  • Respondeat superior: employee v. independent contractor
  • Duty
  • Breach
  • Causation
  • Damage
Defenses
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H v.G

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NIED
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  • Negligent Conduct
  • In Plaintiff's Presence
  • Physical Symptoms