Negligence: Duty

Question 1

Duty

Answer 1

A legal obligation to act a certain way

Question 2

Failure to Act

Answer 2

Generally no duty to act

Question 3

Scope of Duty

Answer 3

In general, duty of care is owed to all person who may FORESEEABLY be injured by D’s course of conduct

Question 4

Foreseeability of Harm to P

Answer 4

D only liable to Ps within zone of foreseeable harm

Question 5

Special Foreseeable Ps: Rescuers

Answer 5

A person who comes to the aid of another is a foreseeable victim

Question 6

Firefighter’s Rule

Answer 6

Emergency professionals BARRED from recovery if injury results from risk of the job

Question 7

Affirmative Duty to Act: Assumption of Duty

Answer 7

Person who voluntarily aids or rescues another has a duty of reasonable care in performance of that air or rescue

Question 8

Affirmative Duty to Act: Placing Another in Danger

Answer 8

If D places P in peril, then D has a duty to help P

Question 9

Affirmative Duty to Act: By Authority

Answer 9

Person with the ability and actual authority to control another has a duty to exercise reasonable control

Ex: Prison warden

Question 10

Affirmative Duty to Act: By Relationship

Answer 10

D has a special relationship with the P