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

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2
Q

T/F: If you contribute to the injury, there is usually a duty of care

A

True

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3
Q

Duty is the ___ element under negligence

A

first

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4
Q

Cardozo’s Opinion

A

The scope of duty extends to a zone of danger

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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

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