duty-general Flashcards
define the RPP standard
duty to act as a Reasonably Prudent Person would under the same or similar circumstances
what case define that RPP standard is objective?
Vaughan v Menlove - haystacks
what is the duty of care for a minor?
SOC of similar age/experience - BUT only applies in age-appropriate activities
what is the duty of care for the elderly?
SOC of an ordinary person suffering from the same/similar infirmities
when is insanity a defense that precludes liability?
ONLY when it affects D’s ability to understand or appreciate importance of duty OR to perform duty - must not have had forewarning
what is the case that illustrates duty of care exception for insanity?
Breunig/Batman case
duty of care of institutionalized person?
not liable because they can’t appreciate or control their conduct
what does the Yania case say about legal duty to rescue?
no legal duty to rescue someone from peril unless D placed P in that peril (fell in ditch)
define misfeasance
when the D is responsible for making P’s position worse (D created a risk)
define non-feasance
when the D has failed to aid P through beneficial intervention
What happened in the Weirum/RKO case?
misfeasance - D was liable because KHJ created an unreasonable risk of harm (radio contest)
what are the three main exceptions to the “no duty to rescue” rule?
D’s negligence places P in a position of peril; voluntarily assumed duties; special relationships
What did the Day/Waffle House case say?
rescue doctrine - injured rescuer can recover from party whose negligence caused the party to be in a dangerous situation
what’s the rescue doctrine?
negligence to the victim constitutes liability for negligence to the rescuer
what did the Florence/Goldberg case say about Voluntarily Assumed Duties?
when a duty is assumed, it must be performed in a non-negligent manner, even if the duty wouldn’t have otherwise existed if it hadn’t been voluntarily assumed
what’s the “special relationship” rule that constitutes an exception to the “no duty to rescue” rule?
there’s no duty to control conduct of a 3P and prevent him from causing physical harm unless (1) special relationship between D/victim or D/3P and (2) D knew or should have known of potential peril
what did the Farwell case say about “special relationships” as an exception to the “no duty to rescue” rule?
affirmative duty exists to avoid any affirmative acts that would make the situation worse (drove around his friend who had been beat up)
what did the Thompson case say about duty of a public agency to warn of a threat?
duty to warn arises only from prior threat to identifiable person (non just non-specific) - therapist whose patient threatened to harm
what did the Johnson case say about public duty to warn of potential peril?
duty imposed on those who create a foreseeable peril, nt readily discoverable by endangered person, to warn of potential peril - State put dangerous child in foster home
how do courts view contractual duties where parties have expressly agreed to assume some duty that otherwise wouldn’t have been imposed?
most courts won’t interfere with contractual allocation of duties between parties of the K
