Affirmative Duty Flashcards
1
Q
Gen
A
No duty to act or aid
2
Q
Is a duty when
A
a special relationship exists
3
Q
negligent actor-to-rescuer relationship
A
at c/l-negligent actor who creates a demand for rescue owes a duty tot he rescuer (regardless if foreseeable by facts)
4
Q
other statutory relationships
A
employer/employee; parent/child;spouse/spouse; common carrier/passenger; innkeeper/guest; jailer/prisoner; school/student; business/patron; social host/guest;
-custodian/dangerous person (may create 3rd party duty to who dangerous too-Tarasoff)
5
Q
special relationships predicated on CONTRACT
A
bodyguard. (Duty owed can be used for tort)
6
Q
still based on
A
reasonable forseeablity of harm in that type of scope of duty
