Negligence- Duty Flashcards
1
Q
What is “duty”?
A
Duty is a question of law (for the court)
2
Q
Who has the duty of care?
A
“Everyone has a duty of care to the whole world.” Miller v. Wal-Mart and Zokhrabov v. Park.
3
Q
Standard of Care
A
The presence of a legal duty relies on the reasonable foreseeability of the occurrence of the injury
4
Q
Restatement Section 7
A
“Determinations of no duty are unusual and are based on judicial recognition of special problems of principle or policy that justify the withholding of liability.”
5
Q
Restatement Section 7 Comment
A
Restatement Section 7 Comment: When courts want to make a negligence determination instead of a jury, they commonly “express the conclusions they reach… in terms of duty.”
