Negligence - Duty
Card Set Information
Negligence - Duty
Duty element of the tort of negligence.
2. standard of care
3. breach of duty
4. causation (cause in fact, proximate cause)
- Think of any defenses.
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
Is a duty owed to unforeseeable plaintiffs?
Rescuers _________ owed an independent duty.
b. are not
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.
True or False: Absent an exception, you do not have a duty to act (rescue or aid).
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)
If a person chooses to come to the aid of another, he or she must act ______.
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.
Good Samaritan statutes: Those who rescue others are not liable for their ______, but will be liable if they act ______, ______, or _________.
Not liable if
, liable if
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.