Questions I didn't understand Flashcards
What is lessor’s duty as to leased premises?
Lessor owes no duty to a lessee as to unreasonably dangerous conditions that the lessee is or should be aware.
Lessor’s duty to the public as to unreasonably dangerous conditions does not once premises are leased to lessee. Lessor’s responsibility continues until the lessee should have, in the exercise of reasonable care in inspection and maintenance, discovered & remedied the defect.
Lessor’s duty applies ONLY to concealed conditions known to lessor or should be known, which lessor knows the lessee is not likely to discover on reasonable inspection.
Bailor / bailee - what are the duties owed by the bailee?
If bailment is for sole benefit of the bailee - Liability for slight negligence
If bailment is for sole benefit of the bailor - Liability only for gross negligence
If bailment is for mutual benefit - liability for ordinary negligence - bailee must exercise ordinary due care
Indemnification - when is it allowed?
1) one who is held vicariously liable for damages caused by another simply because of his relationship to that person may seek indemnification from the person whose conduct actually caused the damage.
2) strict liability products liability cases - retailer/supplier can get indemnified by the manufacturer
3) a contractual promise to indemnify