Foreseeability Always Defines Tort Duty
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
20725_emmaus_laser_cutter · TORTS · Choice AYes, because negligent misrepresentation reaches every foreseeable purchaser who might later read the inspection report.
Why it's attractive
The choice flatters broad foreseeability: if anyone could be expected to read the report, liability feels fair. The word every makes the class too wide and the known-recipient Gold Key narrows the answer.
Why it's wrong
The choice over-expands the class with every foreseeable purchaser.
Spot it next time
Bracket the class: not every foreseeable reader, only the named recipient or limited known group.
20725_emmaus_laser_cutter · TORTS · Choice BNo, because Ruth was not in contract with Daniel.
Why it's attractive
The choice sells the familiar contract boundary: Ruth never hired Daniel. The Gold Key cuts it because the known-recipient duty does not require contract privity.
Why it's wrong
The choice invents a contract-privity requirement for a known-recipient professional-information case.
Spot it next time
Ask whether the professional knew this plaintiff or limited group would rely in the transaction.
20725_emmaus_laser_cutter · TORTS · Choice CNo, because negligent misrepresentation requires Daniel to have known the control-board statement was false.
Why it's attractive
The choice imports a fraud mental state, making the mistake feel more serious before liability attaches. The call says negligent misrepresentation and the facts say careless, so knowledge of falsity is the wrong mental state.
Why it's wrong
The choice imports a knowledge-of-falsity requirement into a negligent/careless frame.
Spot it next time
Use the stem's word careless and the call's word negligent to reject knowledge as the required mental state.
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