MBE Rules · Torts
Duty — general standard
The rule
General duty to exercise the care of a reasonable person under similar circumstances. Owed to foreseeable plaintiffs (Cardozo majority view in Palsgraf — duty only to those in zone of foreseeable danger). Andrews minority: duty owed to all.
In plain English
You must act like a reasonable person would in similar situations, and you owe this duty to people who might be harmed by your actions.
Worked example
If a driver speeds through a neighborhood and hits a pedestrian, the driver failed the duty of care owed to those in the area who could foreseeably be harmed.
Memory hook
Reasonable Care = Foreseeable Fairness. Duty extends to those foreseeably harmed, per Cardozo's view in Palsgraf.
The trap
Students think: duty owed to everyone. Wrong, because Cardozo limits duty to foreseeable plaintiffs. The actual test is foreseeability in the zone of danger.
How examiners test it
The MBE loves: a chain of events with a distant plaintiff. Trap: assuming duty to all. Focus on whether the plaintiff was in the foreseeable zone of danger.
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