Bar Exam Rule Statements Practice Test

What governs negligence duty?

A defendant owes a duty to exercise reasonable care to avoid foreseeable harm to those at risk; the standard of care varies by status (adult, child, professional, landowner) and context. A defendant owes a duty only to those with a contractual relationship. Duty is the same for everyone regardless of status. Duty is only owed in professional contexts.

Correct Answer:

A defendant owes a duty to exercise reasonable care to avoid foreseeable harm to those at risk; the standard of care varies by status (adult, child, professional, landowner) and context.

Explanation:

Negligence duty is the obligation to act with reasonable care to avoid harming those who could be foreseeably at risk from your conduct. The crucial point is foreseeability, and the standard of care is not fixed; it changes with who you are and the situation. For example, professionals are judged by the standard of a reasonably competent professional in that field, children are judged by the standard of a reasonable child of similar age and experience under similar circumstances, and landowners have duties that depend on whether someone is an invitee, licensee, or trespasser and on what hazards are known. The duty exists to prevent foreseeable harm and can SAMPLEarise outside contracts, so it isn’t limited to contractual relationships, and it isn’t the same for everyone or confined to professional contexts.

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