Negligence - Duty

Card Set Information

Author:
apere054
ID:
157678
Filename:
Negligence - Duty
Updated:
2012-06-07 10:27:13
Tags:
Negligence Duty
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Description:
Duty element of the tort of negligence.
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  1. Elements of negligence:
    • 1. duty
    • 2. standard of care
    • 3. breach of duty
    • 4. causation (cause in fact, proximate cause)
    • 5. damages
    • - Think of any defenses.
  2. What is the general duty rule?
    A defendant engaged in affirmative risk creating conduct causing personal injury or property damage, a duty is owed to a foreseeable plaintiff.
  3. Is a duty owed to unforeseeable plaintiffs?
    No.
  4. Rescuers _________ owed an independent duty.

    a. are
    b. are not
    a. are

    Explanation: Even if unforeseeable, we want rescuers to be able to recover from a negligent party because we want to encourage people to be rescuers.
  5. True or False: Absent an exception, you do not have a duty to act (rescue or aid).
    True
  6. A defendant does have an affirmative duty to act, where:
    • 1. the defendant's tortious conduct created the need for rescue
    • 2. the defendant created reliance that he or she will come to Plaintiff's aid
    • 3. the defendant has a special relationship witht the plaintiff (i.e. parent/child, spouses, innkeeper/guest)
  7. If a person chooses to come to the aid of another, he or she must act ______.
    Reasonably.

    Example: Delilah is on a deserted beach and sees a car fly over a bridge into the water. Delilah has no obligation to rescue, but if she undertakes to act she cannot then swim away.
  8. Good Samaritan statutes: Those who rescue others are not liable for their ______, but will be liable if they act ______, ______, or _________.
    Not liable if negligent, liable if willful, reckless, or grossly negligent.
  9. Generally, there is no duty to control the conduct of a third person as to prevent him from causing physical harm to another, unless:
    one takes charge of another knowing of their dangerous propensity. Then there might be a duty to warn others and control the person.

    Example: A prison has a dangerous criminal locked away and he escapes. The prison has a duty to warn the people in the neighborhood. Also, the Tarasoff case.

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