Card Set Information
To prove a cause of action in negligence, A will have to prove that B owed him a duty to the applicable standard of care and that a breach of that duty was the actual and legal cause of his damages.
Duty: Affirmative Act
Any time you do any kind of affirmative act, you automatically owe a duty of reasonable care to foreseeable plaintiffs
Duty: Palsgraf test
Two views on who is owed a duty of care
Majority view (Cardozo)
: holds that a duty is owed only to foreseeable plaintiffs located in a foreseeable zone of danger.
: holds that if a duty is owed to anyone, the duty is owed to all.
Duty: Reasonable Care (Land Occupiers ONLY)
1. Repair dangerous conditions (make safe)
3. Inspect to discover unknown dangers
Duty:Artificial Conditions Highly Dangerous to Children
a. LO knows or has reason to know that kids are likely to trespass
b.LO knows or has reason to know there is a condition on the land that is highly dangerous to kids
c.Kids, due to age,
don’t recognize risk and/or don’t appreciate it
d. Risk to kids ismuch greater than the utility and burden to LO to correct/get rid of the risk
(If ALL are satisfied, LO owes reasonable care
For breach, must show possessor failed to
exercise reasonable care to eliminate danger to protect children)