Duty of Care

Question 1

Privity of K-Gen. Rule

Answer 1

Only owe a duty to the person who they are in K with

Question 2

Nonfeasance

Answer 2

D does not perform according to K, no tort recovery

Question 3

Misfeasance

Answer 3

D take step to perform but fails and creates liability to parties outside of K

Question 4

Failure to Act-Gen. Rule

Answer 4

No affirmative duty to rescue but there are EXCs

Question 5

FTA-EXC

Answer 5

When D injures another by his neg the D is under duty to take reasonable action to aid the person. Duty may be imposed whenever D assumes a responsibility to act and P detrimentally relied.

Question 6

Good Samaritan law

Answer 6

Reduces liability for a person who in good faith renders emergency care

Question 7

Negligent infliction of emotional distress

Answer 7

D neg engaged in conduct. It was reasonbly foreseeable. The conduct did in fact cause P SED.

Question 8

Requirements of foreseeability

Answer 8

Proximity to neg act, Relationship to injured person, Personally observe neg act.

Question 9

Unborn children

Answer 9

Wrongful life, wrongful birth, wrongful conception, and wrongful death

Question 10

NC recognizes

Answer 10

Wrongful conception-damages are expenses associated with pregnancy. Wrongful death of a still born death of a viable fetus.