duty of care

Question 1

what is the exception to the rule that there is generally no duty to defend

Answer 1

if there is a special relationship, there may be a duty

Question 2

what are the 2 levels of foreseeable harm

Answer 2

1. know/reasonably foreseeable
2. imminent probability (more exigent of the 2)

Question 3

what are examples of special relationships that may impose a duty to defned?

Answer 3

school & student athlete, hotel & guests, teacher & students

Question 4

does an invitor have a legal duty to protect his guests?

Answer 4

yes,

Question 5

when someone injures themselves as a result of using an instrumentality under exclusive control of a party, is there a duty to protect?

Answer 5

yes, this is “universally recognized” social conduct
(escalator case where child was further injured due to employee’s negligence)

Question 6

list the factors that go into determining whether to impose a duty on an individual/class of individuals

Answer 6

1. nature of harmd
2. opportunity to care/prevent
3. public policy
4. parties’ interests & relationships