Duty Flashcards

1
Q

Generally, a person only owes a duty to

A

Foreseeable Plaintiffs to act as a reasonably prudent person

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2
Q

Rescuers

A

If the D negligently puts the rescued party in danger, then he is liable for the rescuers injuries

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3
Q

Therapist

A

When a patient has made credible threats of physical violence against a 3rd party, the therapist has a duty to warn the victim

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4
Q

A person who rescues another

A

Has a duty of reasonable care in the performance of that rescue/aid

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5
Q

A person who places another in peril

A

Has a duty to exercise reasonable care to prevent further harm by rendering aid

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6
Q

An affirmative duty to act can be created by

A

Contract, a special relationship, or statue

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7
Q

A parent had a duty to

A

control a child he knows/should know could cause harm

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8
Q

Va Good Samaritan statue

A

Shield form liability those who render emergency care in good faith and without compensation

Also applies to people who render emergency assistance to an animal

protects people who render emergency care to a woman in labor for everything but gross negligence when medial records are not available

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9
Q

VA Good Samaritan statue protects First responders who

A

1) Comply with siren laws
2) are not grossly negligent
3) Do not engage in willful or wanton misconduct

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10
Q

In Virginia, an employer is not liable for negligence based on a duty to supervise

A

however under the MBE there is

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