Negligence - Nonfeasance, Contracts, Protection From 3rd Persons, Emotional Harms Flashcards
Nonfeasance
No duty is owed unless the actor created the risk
Emergency statutes
Duty to give medical care to somebody in danger as long as it does not put you in danger
8 states
Misfeasance
Affirmative act
Duty is owed
Exceptions to nonfeasance
If a person knows or should know their conduct created the harm
If a person creates a continuing risk of harm a duty arises to reasonable prevent or minimize the hazards
If a defendant provided aid and it was inadequate
Special relationships
Common carrier
Innkeeper and guests
Business and customers
Employer and employee
School and students
Landlords and tenets
Custodian and custody
Ad hoc special relationships (fairness, common sense, and morality)
Government nonfeasance
Social services owes no duty for putting children in abusive households
Nonfeasance in performance of a contract
Liable for physical harms if failure to do something increased the risk
Or if harm is suffered because person relied on an undertaking
Misfeasance in performance of a contract
Plaintiff must show an independent duty separate from the contract
Has to be harm to person or property
Promises to 3rd parties
Duty is passed to the 3rd party
Relationship between plaintiff and defendant
Duty = risk is foreseeable + special relationship
Specific harm test
No duty unless aware of the specific harm
Prior similar incidents test
Duty when there have been similar incidents in the past
Totality of the circumstances
Multiple factors about foreseeability
Balancing test
Balancing interests of the business v. The individual
Economic and social impact (Alternative conduct equation)
Parent and children
Only responsible if the parent knew of specific conduct
