Final Exam

Question 1

According to the public duty rule, what could render a government liable?

Answer 1

inadequate performance of specific tasks

ex: driving a car recklessly

Question 2

An inadequate decision about what safety precautions should be taken will also render a government liable. T/F

Answer 2

FALSE

Question 3

There is no duty to provide police protection to a particular individual in the absence of facts establishing a…

Answer 3

a special relationship between the government defendant and the plaintiff

Question 4

Cases in which a public officer merely knows of a risk of harm to an individual may be distinguished from those where

Answer 4

an officer actually witnesses the infliction of harm

Question 5

Liability may also be imposed when the police violate a statutory duty to take action. T/F

Answer 5

true

Question 6

Four Recognized situations in which a special relationship has been found for the public duty rule:

Answer 6

1. Where a statute intended to protect a specific class of persons from a particular type of harm imposes a duty
2. where the government agent undertakes a specific action to protect a person or property
3. Where government action reasonably induces detrimental reliance by a member of the public
4. Where the government has actual custody of the plaintiff or of the third person who harms the plaintiff

Question 7

Trespasser

Answer 7

persons present without privilege or consent of the possessor

afforded the least protection

Question 8

Licensees

Answer 8

those present with consent or privilege but often for their own purposes

entitled to somewhat greater care

Question 9

invitees

Answer 9

persons present on the land at the possessor’s invitation and often for the possessor’s economic benefit

owed the usual tort duty of reasonable care under the circumstances

Question 10

Landowner owes a trespasser only a duty to

Answer 10

refrain from wilful and wanton conduct

Question 11

Once a landowner discovers someone on the land, a duty arises to take reasonable care for that person’s safety t/f

Answer 11

true

Question 12

One who knows or should know that trespassers constantly intrude upon a limited area must conduct dangerous activities with

Answer 12

reasonable care for the safety of those trespassers, and must take reasonable steps to warn them of dangerous artificial condition they are unlikely to discover

Question 13

Licensee includes

Answer 13

1. one whos presence upon the land is solely for his own purposes
2. members of the possessor’s household
3. Social guests

Question 14

Possessor has a duty to a licensee to inspect the property to make sure it is safe. T/F

Answer 14

False

Question 15

A defendant who invites the public onto land owes

Answer 15

the usual duty of reasonable care to any member of the public who accepts the invitation, even though the defendant expected no finical gain

Question 16

An invitee whose activities exceed the scope of the invitation may become a

Answer 16

a trespasser or a licensee

Question 17

A possessor owes a duty to invitees to exercise reasonable care to discover dangerous conditions on the land t/f

Answer 17

true