Premises and Duty of Care

Question 1

No duty to act exceptions:

Answer 1

1) Special relationship
- arises from when D has control over the plaintiff or the thingy causing the damage to the plaintiff.
2) Voluntary assumption of reliance
- Defendant assumes the responsibility of the plaintiff.
3) If the actor knows or has reason to know, whether tortious or not, that their actions are causing harm, they. need to stop their actions.
4)

Question 2

Failure to act exception (failure to warn about the threat) rule.

Answer 2

There is a special relationship between the therapist and the patient where the therapist must report when the patient presents a present danger.

Question 3

There is a limited duty to trespassers.

Answer 3

If and when the trespasser is discovered, the property owner must use normal duty and care to avoid injuring him by ordinary operation. There is no duty to make your property safe for trespassers.

Question 4

Child trespassers rules

Question 5

The rule is about no duty owed to them in negligent or if you knew to a substantial certainty

Question 6

Licensee- on premises w/ permission but for own purposes (how much duty you owe to them)

Question 7

Invitee - on premises for owner’s business or for a mutually beneficial business relationship. The duty owed to an invitee is to exercise reasonable care to keep premises reasonably safe for purposes of the invitee.

Question 8

Why our defendant would not have been liable. Does anyone think that

Question 9

Reasonable care is based on if the burden is less than the probabilty of damage and the severity of the damages incurred.

Question 10

Duty to warn of hidden dangers unknown to licensee of which the owner had knowledge

Question 11

Licensee: on premises w/ permission, but for own purposes (social guests)

Answer 11

Duty- warn him of hidden dangers unknown to licensee of which the owner had knowledge.

Question 12

Invitee: on premises for owner’s business or for a mutually beneficial business interest relationship.

Answer 12

Duty: to exercise reasonable care to keep pemises reasonably safe.

Question 13

Attractive nuisance doctrine or Artificial decisions.

Answer 13

If a possessor of land knows a child is likely to trespass on his land, an aspect of the proeprty would likely cause death, would the child not know of its danger, and if so, then the property owner MAY be liable. What category of land will these folks fall into.

Question 14

TRADITIONAL APPROACH ON THE EXAM.