BUS 410 Study Guide - Final Guide: Good Samaritan Law, Attractive Nuisance Doctrine, Respondeat Superior

• School: Emory University
• Department: Business
• Course: BUS 410
• Professor: Burdette Allison

Document Summary

4 steps for negligence (pass all 4 steps to be considered negligence): (1) duty: no duty = no liability, not negligence, yes duty = duty owed. Surrounding circumstances, activities taking place, types of people in the area. Meeting the standard of care is the underlying reason for a defendant"s conduct. An individual"s conduct violates a statue or ordinance. Being on your phone during a car crash. Surrounding circumstances affect standard of care: activities tacking place, types of people in the area. Ex: warning signs, not enough for children. Ex: mole trap in a neighborhood is dangerous, not if it"s in the middle of nowhere. Common carrier higher standard of care. Position of trust higher standard of care. Ex: doctor: yes, standard of care is met no negligence, no, standard of care is not met move to next step (3) causation (4) damages. Surrounding circumstances affect your standard of care: warning signs, mole trap. Business invitee highest standard of care.