Failure To Act Exceptions Flashcards
There is no duty to protect others against injuries inflicted by third parties; or to render assistance to another who is in peril
Majority Rule
Where P and D have a ________ _________, e.g., fiduciaries, automobile driver to guest, common carriers to passengers, educational institutions to students
special relationship
Where P is a ______ of D
guest
Where D has actual ability and authority to control _______ ______ actions and D knows or should know that third person is likely to commit acts that would require exercise of control by D, e.g., parents/children; employer/employee; warden/prisoners; social companions. May also known as negligent supervision.
third person’s
Where D is either a _____ __ ______ of information and there is a foreseeable risk of harm with respect to such information or facts otherwise demonstrate an unreasonable risk of harm
provider or recipient
Where D’s conduct, even if not tortious, places another in a position of ______ __ ______ a continuing risk of harm
peril or creates
Where D _________ acts or volunteers to act for benefit of another, although under no duty to do so in the first
gratuitously
Where failure to carry out a _________ _____ to others creates an unreasonable risk of harm to third persons or increases the risk of harm to others
contractual duty
Where D’s ________ induces detrimental reliance
promise
Where D ________ _________ efforts to assist especially if leaves P worse off than if no efforts had been undertaken.
prematurely discontinues
Where one entrusts a __________ __________ to another and the risk of harm from its use is foreseeable. Also known as Negligent Entrustment
dangerous instrumentality
Where _________ require a duty to provide reasonable assistance as long as it does not place anyone in danger or peril, including the person providing assistance.
statutes
Generally a governmental entity and its employees do not owe a duty of care to individual members of the general public to provide governmental services aka The Public Duty Rule.
A negligent decision about what safety precautions to take or where resources should be allocated also is not a basis for liability.
But, the negligence performance of a specific task to protect an individual may be actionable.
Failure to protect & Government
