California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
A homeowner, installing a new fence, negligently left a large, uncovered hole in their front yard, close to the public sidewalk. That night, a delivery driver, while attempting to deliver a package, inadvertently stepped into the hole and suffered a broken ankle. Which element of negligence is most likely to be disputed by the homeowner?
- ADamages
- BBreach
- CActual Causation
- DDuty
Show answer & explanationAnswer & explanation
Correct answer: B. Breach
The homeowner owed a duty to the delivery driver, and damages clearly occurred. The actual causation is straightforward. The most likely dispute would be whether leaving an uncovered hole constitutes a breach of the duty of care owed.
Why the other options are wrong
- A. Damages are evident given the broken ankle suffered by the delivery driver.
- C. Actual causation, or 'but-for' causation, is clearly met as the injury would not have occurred 'but for' the hole.
- D. A duty of care is generally owed to foreseeable entrants on one's property.
Breach of Duty (Negligence)
A breach of duty occurs when the defendant's conduct falls below the standard of care owed to the plaintiff.
- Standard of care is typically that of a reasonably prudent person under similar circumstances.
- Breach is determined by comparing defendant's actions to this standard.
- Can involve acts or omissions.
Memory trick: Don't Be Careless, Cause Damage!