CAS Bar Torts and Negligence 2 — Questions and Answers
Question 1: In California, what standard of care does a landowner owe to trespassers under Rowland v. Christian?
- No duty of care whatsoever
- Duty only to warn of known, concealed traps
- Reasonable care under all the circumstances (Correct answer)
- Duty only to refrain from willful or wanton misconduct
Correct answer: Reasonable care under all the circumstances
California abolished categorical distinctions for land entrants in Rowland v. Christian, imposing a general reasonable care standard on landowners toward all persons on their property.
Question 2: Under Thing v. La Chusa, a bystander may recover for negligent infliction of emotional distress (NIED) if the plaintiff:
- Was in the zone of physical danger and feared for their own safety
- Was closely related to the victim, present at the scene, and suffered serious emotional distress (Correct answer)
- Heard about the injury shortly after it occurred from a reliable source
- Was any person who witnesses a serious injury to another
Correct answer: Was closely related to the victim, present at the scene, and suffered serious emotional distress
California's bystander NIED rule requires a close relationship to the victim, contemporaneous sensory awareness of the accident, and resulting serious emotional distress.
Question 3: Generally, there is no duty to rescue a stranger in peril. A legal duty to act arises when:
- The bystander is physically capable of providing assistance without risk
- The defendant created the dangerous condition or has a special relationship with the victim (Correct answer)
- The cost of rescue is minimal compared to the potential harm prevented
- More than one bystander observes the person in peril
Correct answer: The defendant created the dangerous condition or has a special relationship with the victim
Absent a special relationship or the defendant's role in creating the peril, California imposes no general duty to rescue strangers.
Question 4: Negligent entrustment of a vehicle occurs when the vehicle owner:
- Loans their vehicle to anyone who subsequently causes an accident
- Knowingly entrusts the vehicle to an incompetent, unlicensed, or unfit driver (Correct answer)
- Fails to lock the vehicle, allowing unauthorized third-party use
- Permits a minor to drive with a valid learner's permit
Correct answer: Knowingly entrusts the vehicle to an incompetent, unlicensed, or unfit driver
Negligent entrustment liability requires that the owner knew or should have known of the borrower's incompetence or unfitness to operate the vehicle.
Question 5: Under Tarasoff v. Regents of UC, a therapist owes a duty to warn an identifiable third party when:
- A patient expresses any hostility toward another person during a session
- The therapist determines or should have determined the patient poses a serious danger to an identifiable victim (Correct answer)
- The patient has a prior history of violence regardless of current statements
- A patient mentions general anger at unnamed individuals or society
Correct answer: The therapist determines or should have determined the patient poses a serious danger to an identifiable victim
The Tarasoff duty to protect arises only when the therapist determines or should determine the patient poses a serious, credible danger to an identifiable person.
Question 6: The 'pure economic loss' rule generally bars tort recovery for:
- Medical bills and lost wages following a physical injury
- Financial losses unaccompanied by physical injury or property damage to the plaintiff (Correct answer)
- Property damage caused by a defendant's negligence
- Lost profits when a plaintiff's business is physically destroyed by fire
Correct answer: Financial losses unaccompanied by physical injury or property damage to the plaintiff
Without accompanying physical injury or property damage, purely financial losses are generally not recoverable in negligence under the economic loss rule.
Question 7: Which of the following is a recognized special relationship that creates an affirmative duty to act?
- Close friendship between the defendant and plaintiff
- Geographic proximity when the defendant witnesses an emergency
- Common carrier and passenger, or innkeeper and guest (Correct answer)
- Any professional relationship between two adults
Correct answer: Common carrier and passenger, or innkeeper and guest
Recognized special relationships imposing affirmative duties include common carrier-passenger, innkeeper-guest, employer-employee, and school-student.
CAS Bar Torts and Negligence 2
In California, what standard of care does a landowner owe to trespassers under Rowland v.
Christian?