Negligence: Special Duties

Question 1

Think about duty in regards to these topics (instead of thinking about proximate cause)

Answer 1

(1) alleged failure to act, (2) emotional harm, (3) pure economic loss, (4) owners and occupiers of land, (5) unborn children, (6) privy of contract

Question 2

Duty to warn may be imposed by…

Answer 2

statute or special relationship (but not if risks of harm are unknown or unforeseeable)

Question 3

Are moral and legal obligations the same?

Answer 3

NO

Question 4

Failure to Act rule statement

Answer 4

“Unless defendant has assumed a duty to act or is in a special relationship with plaintiff, defendant has no duty to act for the benefit of others and is not liable in tort for a pure failure to act for plaintiff’s benefit.”
 Exceptions: (1) defendant or his instrumentalities created risk or caused harm, (2) promise of action, (3) special relationship, (4) statute creates duty

Question 5

Duty for invitees

Answer 5

invitees, has a duty to use reasonable care to search for and anticipate dangerous conditions on the premises, warn of the conditions, and/or make the conditions safe.

Question 6

Duty