Duty Flashcards
1
Q
Define duty of care
A
Duty of care is an obligation that the law recognizes to protect another person from foreseeable, unreasonable risk of harm
2
Q
T/F: If you contribute to the injury, there is usually a duty of care
A
True
3
Q
Duty is the ___ element under negligence
A
first
4
Q
Cardozo’s Opinion
A
The scope of duty extends to a zone of danger
5
Q
What are the FOUR affirmative duties
A
(1) Statutory requirements
(2) Prior conduct indicates a duty
(3) Special relationship between parties
(4) Defendant has undertaken to help or control another