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]

  1. Standard of Care
  2. Negligence per se

Breach[edit | edit source]

Causation[edit | edit source]

  1. Actual
  2. Proximate

Damages[edit | edit source]

Defenses[edit | edit source]

  1. Assumption of Risk
  2. Comparative Negligence
  3. 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