Universal Duty Overclaim
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
17209_stewardship_cooler · TORTS · Choice AYes, because once Peter acted carelessly, he owed a duty to everyone who might be upset by what happened.
Why it's attractive
One careless act is stretched into universal duty to everyone affected afterward.
Why it's wrong
One careless act is stretched into universal duty to everyone affected afterward.
17209_stewardship_cooler · TORTS · Choice BNo, because foreseeability never matters in Palsgraf-style duty questions.
Why it's attractive
It gets the No result but states a fabricated rule that foreseeability never matters.
Why it's wrong
It gets the No result but states a fabricated rule that foreseeability never matters.
17209_stewardship_cooler · TORTS · Choice DYes, because Ruth was hurt after Peter carelessly jostled the cooler.
Why it's attractive
It uses the post-accident injury sequence but ignores the pre-accident duty question.
Why it's wrong
It uses the post-accident injury sequence but ignores the pre-accident duty question.
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Practice questions using this trap →