CAS Bar Torts and Negligence 2

Question 1

In California, what standard of care does a landowner owe to trespassers under Rowland v. Christian?

Accepted Answer

Reasonable care under all the circumstances

Answer

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:

Accepted Answer

Was closely related to the victim, present at the scene, and suffered serious emotional distress

Answer

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:

Accepted Answer

The defendant created the dangerous condition or has a special relationship with the victim

Answer

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:

Accepted Answer

Knowingly entrusts the vehicle to an incompetent, unlicensed, or unfit driver

Answer

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:

Accepted Answer

The therapist determines or should have determined the patient poses a serious danger to an identifiable victim

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Torts and Negligence 2