Other Special Negligence Duties

Question 1

What type of statute will replace the general common law duty of care?

Answer 1

Statutes that are clearly stated.
With a specific duty.
That provide for criminal penalties like fines, regulatory offenses and speeding.

Question 2

what must P show to implicate the statute in negligence per se?

Answer 2

1) Plaintiff is within class of protected people statute was designed for
2) The harm suffered was within the class of risk the statute was designed to prevent
3) There is no excuse

Question 3

What are excuses to negligence per SE?

Answer 3

1))Compliance would cause more danger than the violation did
2) Compliance was beyond defendant’s control.

Question 4

What happens in majority view if negligence per SE is implicated?

Answer 4

A conclusive presumption is established for duty and breach of duty.

Question 5

Does compliance with a statute establish due care?

Answer 5

No, not necessarily.

Question 6

Generally, does one have a legal duty to act?

Answer 6

No,

Question 7

Generally, is there a duty to rescue?

Answer 7

No.

Question 8

When is their an exception against the general rule of ND2A?

Answer 8

1. special relationship exists between the parties.
2. Peril was created due to negligence or innocence by own conduct
3. If they have assumed a duty to act by acting

Question 9

What are types of special relationships?

Answer 9

1. Parent/Child
2. Common carriers
3. Inn Keppers
4. Shop keepers
5. Others that gather the public for profit

Question 10

What must those in special relationships do?

Answer 10

They owe a duty of reasonable care to aid or assist their patrons.

Question 11

What duties to places of public accomodations have?

Answer 11

They must prevent injury to guests by third persons.

Question 12

What is peril due to own conduct?

Answer 12

One must assist someone they have negligently or innocently placed in peril.

Question 13

If someone has undertaken aid someone, what is their duty?

Answer 13

Reasonable care.

Question 14

What is a good samaritan statute? What type of negligence does it implicate?

Answer 14

State law that exempts health care workers from ordinary (but not gross) negligence.

Question 15

Is there a duty to prevent harm from third persons?

Answer 15

Only if one has:
1) Actual ability to control person’s action
2) Knows/Should know person is likely to commit acts that would require excercise of this control?

Question 16

What level of negligence are common carriers/inn keepers liable for? Is it low or high?

Answer 16

Slight negligence.

Question 17

To Whom are common carriers/inn keepers liable?

Answer 17

MUST be a guest or a passenger.

Question 18

What’s an example of a bailor/bailee relationship? BOLD

Answer 18

Bailor loans car to Bailee.

Question 19

What happens in a bailment relationship? BOLD

Answer 19

Bailor transfers to bailee possession of chattel, but not title.

Question 20

What are Duties owed by Bailee?

Answer 20

Depends on who benefits from bailment.

Question 21

When is there a low standard of care for bailor bailor/bailee relationship? BOLD

Answer 21

IF the benefit from the bailment is solely for the bailor.

Question 22

When is there a high standard of care in a bailor/bailee relationship? BOLD

Answer 22

When the benefit is for sole benefit of bailee.

Question 23

When is there a ordinary standard of care in the bailor/bailee relationship? BOLD

Answer 23

When benefit is mutual between bailor/bailee.

Question 24

What must the bailor inform the bailee of when the sole benefit is to the bailee?

Answer 24

Known dangerous defects in chattel.

Question 25

What must the bailor inform the bailee in a bailment for hire?

Answer 25

Bailor must inform bailee of chattel defects of which they know or should know.

Question 26

In emergency situations, what is the standard of care?

Answer 26

Defendant must act as a reasonably prudent person under emergency conditions.

Question 27

When are emergency conditions not considered?

Answer 27

If emergency is defendants own making.