Duty of Care Flashcards
Winterbottom v. Wright (not privy)
π cannot bring tort claim against a ∆ for nonfeasance that resulted from contract which the π was not privy to
MacPherson v. Buck(ed)
Recovery should not be allowed for third parties injured by a product when that product, if negligently made is on that would be a danger to life or property and it is foreseeable that third parties will use or have contact with it
H.R. Moch (Water)
A member of the public does not have standing to bring action under ? unless intention appears that the promisor is to be answerable to individual members of the public as well as to the city for any loss ensuing from the failure to fulfill the promise,
Clagett (lawyer auction)
π must be in privity with an attorney or be a 3rd-party beneficiary to a contract in order to maintain prof. neg.
Hegel v. Langsam (Hegelian Ethics)
A university has no duty to ensure that its students behave appropriately
L.S. Ayres (Rescue 911)
Under common law, certain special relationships (like invitee) give rise to a duty to assist or rescue injured individuals
J.S. and M.S. (Mr and Mrs Diddle)
Spouse owes duty for diddling husband.
Tarasoff (going off)
Therapist, once determines patient poses threat, has duty to exercise reasonable care to protect foreseeable victim from danger
Daley (painstakingly)
Michigan (some courts) recognize an action for negligently cause emotional disturbance regardless of showing physical impact
Thing (Cousin it)
π must be present and be closely related to injured party to recover for emotional distress
Endresz (unborn)
Can’t recover for wrongful death of an unborn child
Procanik (makes me sick)
Infant π may recover special damages for extraordinary medical expenses he will incur, but may not recover general damages for emotional distress or for an impaired childhood
Progression in exceptions to pure distress
a. No liability
b. Impact
c. Zone of danger
d. Distress causing physical injury
