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Question 1

Is there a duty of care to prevent emotional distress for someone on your land?

Answer 1

Not unless it is parasitic to a physical injury, then damages can be recovered as part of the physical injury action

Question 2

What is an invitee?

Answer 2

Someone that rightfully enters the land at the express or implied invitation of the possessor for the beneficial purpose of possessor’s interest or activities

Question 3

What are the two different types of invitees?

Answer 3

Business and public

Question 4

Who owes a duty of care to an invitee?

Answer 4

The land possessor, although landlords owe it for common areas and hidden defects

Question 5

An invitee must stay where?

Answer 5

On the part of the land he is invited onto

Question 6

If an invitee goes outside of the part of the land he’s invited onto, what is his new status?

Answer 6

Either trespasser or licensee

Question 7

If an invitee got onto a part of the land he didn’t have permission to enter (either negligently or accidentally) does that change the fact that he’s now a trespasser or licensee?

Answer 7

No

Question 8

Is there a duty to aid an injured invitee?

Answer 8

Yes

Question 9

What is a business invitee?

Answer 9

Someone that enters the land for the purpose of the possessor’s financial benefit, business activities, or interests

Question 10

What are examples of business invitees?

Answer 10

• customers
• delivery people
• sales people
• garbage collectors
• building inspectors
• job applicants

Question 11

Is the land owner responsible for the intervening criminal or intentional acts of others?

Answer 11

Not unless those acts were foreseeable

Question 12

If police have warned a landowner about criminal or intentional activities taking place on his property, what is his duty?

Answer 12

To act reasonably to reduce the risk of harm caused by those acts

Question 13

If you own a bar and police tell you criminals often steal vehicles from it, what is your duty?

Answer 13

Reduce the risk of harm to your customers

Question 14

What is a public invitee?

Answer 14

A member of the public that enters onto possessor’s land for the purpose the land is held open for

Question 15

What are some examples of public invitees?

Answer 15

Visitors to:

• airports
• churches
• museums
• train passengers
• hotel guests

Question 16

Is a personal or express invitation necessary for a public invitee?

Answer 16

No, because the property is held open to the public

Question 17

In order for someone to count as a public invitee, does the actual premises have to be public, or can it be private?

Answer 17

It can be something like a public library, or a privately owned drugstore

Question 18

What are the duties owed to invitees?

Answer 18

• Activities: RC to prevent injuries
• AC: RC to discover dangerous AC that invitee wouldn’t be reasonably aware of, and warn, or take other precautions
• NC: RC

Question 19

If a warning wouldn’t be enough for an artificial condition for an invitee, what must you do?

Answer 19

Use reasonable care to provide other precautions

Question 20

If a grocery store has a spill that someone slips on and gets injured by, what are the things you should discuss on an essay?

Answer 20

What is reasonable, how much time has passed, notice, etc.

Question 21

Are warnings enough to satisfy a duty for an invitee?

Answer 21

• traditionally: yes
• modernly: must actually make the place safe if a warning wouldn’t make the condition/activity reasonably free from dangers

Question 22

If a condition wouldn’t present sufficient danger, is a warning necessary for invitees?

Answer 22

No, like if it only happened once in 25 years

Question 23

Could a land occupier have a duty of reasonable care to warn or protect invitees for foreseeable tortious criminal acts of third parties?

Answer 23

Yes

Question 24

If you own a restaurant in a high crime area, what do you need to do?

Answer 24

Take reasonable measures to protect your patrons from robberies

Question 25

What does it mean to exceed the scope if you are an invitee?

Answer 25

If you enter an area of the land your invitation doesn’t extend to, or stay on the land longer than your invitation contemplated - you become a licensee or a trespasser

Question 26

What are the two ways you can exceed the scope as an invitee?

Answer 26

Either time or space

Question 27

If a train passenger is leaving the train, is he still in invitee?

Answer 27

Yes, a leaving customer is still a customer

Question 28

If a train passenger jumps on the tracks, is he still an invitee?

Answer 28

No

Question 29

In stores and restaurants if a person only enters to use the bathroom, are they still an invitee?

Answer 29

Yes

Question 30

How are delivery people considered invitees?

Answer 30

They had an invitation based on the order that was made

Question 31

How does foreseeability relate to invitees?

Answer 31

• some jurisdictions: the land occupier has to be aware of specific, immediate harm about to happen to someone
• others: there’s only a duty if there’s evidence of previous crimes
• others: landowners only owe a duty to protect against crime that is foreseeable under the totality of the circumstances

Question 32

What is a public entrant?

Answer 32

A public employee that enters under lawful privilege

Question 33

If the possessor undertakes to supply equipment, tools, or chattel to people coming on his land for business, what is his duty?

Answer 33

A duty of care to inspect and discover any defective condition in the chattels that he supplies

Question 34

If a public employee goes on your property for nonemergency situations, how are they treated?

Answer 34

As invitees even though they don’t have the possessor’s consent

Question 35

What are examples of public employees that would be treated as invitees?

Answer 35

• building inspectors
• mailmen
• meter readers

Question 36

What is a licensee?

Answer 36

Someone that intentionally enters land with the possessor’s express or implied permission, not for the purpose of benefiting the possessor, and has a limited license to be there

Question 37

Licensees takes the property as what?

Answer 37

In the condition the land possessor uses it because the possessor has no obligation to make it safe

Question 38

What is the only duty of a land possessor to licensee?

Answer 38

He must warn of concealed artificial or natural dangers actually known to him

Question 39

What are the things a possessor can assume about a licensee?

Answer 39

That he is reasonably attentive and will notice obvious dangers, so warnings only need to be given about hidden dangers

Question 40

What are some examples of licensees?

Answer 40

• visiting relatives
• social guests
• business visitors
• door-to-door sales people
• charity solicitors
• someone borrowing tools
• bringing lunch to your dad
• invitees that exceed the scope of permission

Question 41

What category do firefighters usually go into?

Answer 41

Licensees

Question 42

If a landowner is not aware of conditions or activities, does he owe a duty for them to licensees?

Answer 42

No

Question 43

How can you discharge your duty to licensees?

Answer 43

By posting signs or warnings unless you know they are ineffective

Question 44

What are the duties owed to a licensee?

Answer 44

• Activities: RC to warn and discover licensees they don’t know of
• AC/NC: RC to warn of conditions he is aware of or should be aware of that are unreasonably dangerous and licensee is unaware of or unlikely to discover

Question 45

Is there a duty to inspect the land for dangerous conditions to a licensee?

Answer 45

No

Question 46

After possession has been transferred, sellers are not liable for harm to others except when?

Answer 46

When the seller doesn’t disclose known dangerous conditions, then he is liable to the buyer, the buyer’s family, and third person entering the land with buyer’s consent