MEE HIGHLY TESTED ISSUES GUIDE Part 13 - TORTS

[@johnchernabcinterviewandca3153]

Great stuff! I should subscribe! I was a1L in 2014, academically disqualified and will start 1L again next year. For 1L class - if the fact pattern doesn't mention an exception under duty; ie. child exception do I need to mention it?

[@JDAdvising]

Thank you! And very good question! In general, if there is no child acting in the fact pattern, you do not need to mention the exception. (If you do want to say something like "there are exceptions to the reasonably prudent person standard--e.g., if the actor was a child or a professional--but in this case those exceptions do not apply" -- or something like that, that is probably fine! But I would not go much further than that if it really is not an issue raised by the facts!). Great question, thanks again for the comment, and best of luck to you!!