Special negligence Duties

Question 1

affirmative duty to act

Answer 1

generally no legal duty to act - no duty to rescue

Question 2

duty to act if special relationship between parties

Answer 2

-special relationship between parties (parent child) may create duty to act
-places of public accommodation have a duty to prevent injury to guests by third persons
-common carriers, inkeepers and shopkeepers have duty of reasonable care to aid or assist patrons

Question 3

exception of duty to assist if peril due to own conduct

Answer 3

one has a duty to assistn someone tehy have negligently or innocently placed in peril

Question 4

assumption of duty by acting

Answer 4

one may asssume a duty to act by acting
EXCEPTION: good samaritan laws (enacted by many states) which exempt drs nurses etc. from liablity for ordinary but not gross negligence)

Question 5

duty to prevent harm from third persons

Answer 5

no duty to prevent a third person from injuring another - affirmative duty may be imposed if one has actual ability and authority to control a persons actions and knows or should know the person is likely to commit acts that would require exercse of this control

Question 6

automobile driver duty owed to guest

Answer 6

guest in auto is owed duty of ordinary care
in some guest statute states, one is liable to nonpaying passengers only for reckless tortious conduct

Question 7

bailment duties - duties owed by bailee

Answer 7

bailees standard of care depends on who benefits from bailment 1) for a sole benefit for the bailor bailment, there is low standard of care 2) for a sole benefit of the bailee bailment, there is a high standard of care and 3) for a mutual benefit bailment (bailment for hire) there is ordinary care standard

modern trend - applies duty of ordinary care under the circumstances whereby the bailment is just 1 factor taken into account

Question 8

bailment duties - duties owed by bailor

Answer 8

for a sole benefit of the bailee bailment, the bailor must inform the bailee of known, dangerous defects in chattel - for a bailment for hire, the bailor must inform the bailee of chattel defects of whcih they are or should be aware

Question 9

emergencysituations

Answer 9

d must act as a reasonably prudent person would under same emergency conditions - emergency not considered if of ds own making