In tort law, as a general matter, questions of breach require an analysis of

proximate causation

factual causation

the reasonableness of the defendant's behavior

public policy public policy

In tort law, as a general matter, questions of duty require an analysis of public policy, or a determination about whether the possibility of liability is appropriate in a class of cases.

T or F

In American tort law, it is often said that there is generally no duty to do which of the following?

Take care to protect the occupants of visitors to one's land or other real property

Behave in a reasonable manner when conducting unsafe activities

Rescue a stranger

Follow safety statutes

In ordinary cases, the background duty of people engaged in potentially dangerous activities is to

take all possible safety precautions

behave with "extraordinary care"

avoid creating dangers for others when it is possible to do so

behave reasonably, or with "ordinary care"

To establish a negligence cause of action, a plaintiff must establish

either the duty or the breach of the defendant

neither the duty nor the breach of the defendant

both the duty and the breach of the defendant

Under the traditional categories of duty to entrants upon land or real estate, toward which types of entrants does a landowner face the greatest duty?

invitees

previous owners of the property

trespassers

social guests

In tort law, the key to understanding duty is to distinguish it from "breach."

True

False

The basic rule in modern tort law is that there's a general duty of extraordinary care.

True

False

As a general matter, under tort law, if you start rescuing someone, you then have a duty to proceed reasonably.

True

False

The manager of an apartment building or hotel has a duty to keep the property reasonably safe, and it can be liable if it breaches that duty.

True

False