How does a judge, when trying to determine whether to hold the defendant in a negligence case to the standard of a "reasonable expert," assess the defendant's expertise?

 51. List four classes of relationships in which, according to the courts, the defendant automatically owes the plaintiff a duty of care.

 52. How do courts, as they try to determine whether the defendant in a negligence case met the applicable standard of care, define the hypothetical "reasonable person" by whose standard they measure the defendant's performance?

53. Explain the difference between punitive damages and aggravated damages.

 54. In what contexts is the volenti defence used nowadays, and why is it not more widely used?

55. How does a defendant prove contributory negligence, and what principle is it based on?

56. Why is the attribution of liability between defendants not always completely fair?

57. What is the difference between volenti and consent, as a defence to negligence?

58. What are special damages, and under what circumstances are they controversial?

59. Why is the quantum of general damages often vigorously opposed by the defence?

60. A plaintiff who brings an action in contract will often, where the facts allow it, add an additional claim in tort. Why?

61. Why does liability attach to the occupier of property and not necessarily to the owner?

62. What are the major difficulties with determining damages against a lawyer for negligence?

63. On what grounds are beginner practitioners of a profession not held to a lower standard of care than more experienced practitioners?

64. Describe the shift in our society's values concerning personal rights relative to property rights.

65.      Explain the rationale for vicarious liability