How to Ace FYLSE/2010 J Q1
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http://admissions.calbar.ca.gov/Portals/4/documents/gbx/1007_Essay_Selected-Answers.pdf
Fact summary
[edit | edit source]B stole H's gun which was not secured as required by law and use it to attack P in a parking lot owned by C who had similar incidents before but did nothing. P fainted and suffered injuries.
Outline
[edit | edit source]P v. H
[edit | edit source]Negligence
[edit | edit source]Duty
[edit | edit source]- Standard of Care
- Negligence per se
Breach
[edit | edit source]Causation
[edit | edit source]- Actual
- Proximate
Damages
[edit | edit source]Defenses
[edit | edit source]- Assumption of Risk
- Comparative Negligence
- Contributory Negligence
P v. B
[edit | edit source]Assault
[edit | edit source]Battery
[edit | edit source]IIED
[edit | edit source]NIED
[edit | edit source]Conversion/Trespass to Chattel
[edit | edit source]False Imprisonment
[edit | edit source]P v. C
[edit | edit source]Negligence
[edit | edit source]Duty, Breach, Causation, Proximate Cause