Duty of Care

Question 1

duty of care

Answer 1

legal obligation for acting responsibly and not causing harm to others. If what you do doesn’t put someone at risk, you usually do not have to worry about it.

but if there’s a specific reason or duty you have while doing something (ex driving a car, taking care of a child) you have to take take reasonable steps to keep others safe

having common sense obligation to avoid hurting people

Question 2

privity in contract

Answer 2

if there is a contract the responsibility or liability only applied to people involved in that contract

Question 3

if something is likely to be dangerous if its made carelessly and the manufacturer knows then ….

Answer 3

knows other that people other than the buyer will use it without additional safety checks, then the manufacturer has a responsibility to make it with care, regardless of any contract in place.

Question 4

Failure to act

Answer 4

if what your doing can hurt someone and creates a risk of harm, then there is a duty of care

if there is no action or conduct that poses a risk of harm, then there generally no duty of care unless specified there is a specific circumstance or reason requiring a duty.

Question 5

Voluntarily undertaking a duty of care

Answer 5

if someone willingly tales the responsibility to care for something or someone and then fails to do so properly,
leading to an increased risk of harm or actual harm because someone relied on them, then they may be held accountable

Question 6

special relationship
parent/child

Answer 6

if a parent could have prevented Ana ccident and store could have lessened the injury’s severity

whoever had control of situation that caused the injury may be responsible for helping.
-main goal to lessen the harm, compensation based on extra harm caused by not taking action

Question 7

is there a special duty between school and students ?

Answer 7

yes

school has a special relationship with their stufents that creates a legal duty to protect them from foreseeable risks within that relationship

-court considers how much school knew or should have known about those risks

• no duty on social activities of students

Question 8

pure economic loss

Answer 8

duty rule based on specific kind of damages

P should be compensated for ALL damages, doesn’t matter if in the past, present or prospective

includes compensation for economic damages
- lost wages, medical care, rehabilitation, impairment, loss of ability , disfigurement
- non economic damages (pain, suffering, mental anguish)
- nominal damages (very little, just to show right was harmed, not rlly monetary) –> not available in negligence cases

general rule –> pure economic losses that ARE NOT with physical harm to you or your property, can’t seek compensation for those losses

Question 9

emotional distress

Answer 9

court sees if an ordinary person would have suffered the same reaction

damages can be recovered if
- P has close family relationship
- P present at scene and aware of causing injury
-P as a result suffers serious emotional distress, that of witness, which is not normal

• person has duty to not cause emotional distress through negligence
  if there is foreseeable risk of physical harm to that person

-if someone’s negligence causes fear or emotional distress, and they should have known it could lead to physical harm, they can be held liable even if the harm results solely from the person’s internal reaction to the fear or emotional disturbance.

emotional distress without seeing something happen in negligence when
- mishandling of a relatives body
-giving a wrong report about terminal illness
- or wrongly reporting a relatives death

Question 10

unborn children

Answer 10

no wrongful death action can be maintainable because fetus not alive

• wrongful life action available when D’s negligence robs the mother the choice to abort the child
• the right to choose an abortion is a mothers constitutional right to privacy

Question 11

lessor and lessee - undisclosed dangerous conditions known to lessor

Answer 11

IMPLIED WARRANTY OF HABITABILITY –>
- LL UNDER DUTY OF REASONABLE CARE TO TAKE ACTION FOR PROTECTING AGAINST FORESEEABLE CRIME

if a renter does not know about a problem and LL does, LL has to tell renter

• generally LL don’t have to fix issue unless they dangerous and renter doesn’t know
• if renter hides problem, they are responsible until LL finds out and had time deal with it
• LL has to warn about dangers but doesn’t always have to fix them