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]

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]

P v. H[edit]

Negligence[edit]

Duty[edit]

  1. Standard of Care
  2. Negligence per se

Breach[edit]

Causation[edit]

  1. Actual
  2. Proximate

Damages[edit]

Defenses[edit]

  1. Assumption of Risk
  2. Comparative Negligence
  3. Contributory Negligence

P v. B[edit]

Assault[edit]

Battery[edit]

IIED[edit]

NIED[edit]

Conversion/Trespass to Chattel[edit]

False Imprisonment[edit]

P v. C[edit]

Negligence[edit]

Duty, Breach, Causation, Proximate Cause