Negligence: Duty Flashcards
What is duty?
Obligation that requires D to conform to a certain standard of
conduct for the protection of foreseeable plaintiffs against
unreasonable risk
What is the general rule regarding duty?
No general duty to take affirmative action to aid where D did not create the risk of harm
What are exceptions to the general rule regarding duty
- Continuing risk of harm
- Undertaking rescue
- Special relationships
What is the continuing risk of harm exception to general duty rule?
Where D’s prior conduct creates a continuing risk of harm, D has a duty to prevent or minimize the harm caused by their conduct
What is the undertaking exception to general duty rule?
If D undertakes to render services to P in terms of rescue, either gratuitously or compensation, D owes P a duty
What is special relationships exception regarding duty?
A person in a special relationship with another may have a duty to exercise reasonable care within the scope of the relationship
What are some relationships that create a duty?
-employer-employee
-parent-child
-landlord and tenant
-fiduciaries
