Part 11 Limited Duty: (Failure to Act)

Question 1

What is the general rule of Limited Duty?

Answer 1

No duty, no liability

Question 2

What are the exceptions to the general rule of Limited Duty? (6 total)

Answer 2

1. Relationship to the victim (family, employment, custody, innkeepers, property ownership)
2. Relationship to the tortfeasor (children, mental health patient)
3. Entrustment of Dangerous Instrumentality
4. Involvement in the accident
5. Voluntary assumption of duty
6. Statutory Duties

Question 3

What is the Voluntary Assumption of Duty?

Answer 3

Person who chooses to get involved must exercise reasonable care

Question 4

What is the Public Duty Rule?

Answer 4

A duty to all is a duty to none. thus, public entities cannot be held liable