Torts

Question 1

What is a licensee?

Answer 1

social guest/ comes onto property with the landowner’s permission, express or implied, for her own purpose or business rather than for the landowner’s benefit

Also firefighters

Question 2

What is an invitee?

Answer 2

Business or economic purpose/ open to public

Exs: shoppers

Persons who enter the premises for a purpose connected with the landowner’s business

Invitees include those who enter the premises for a purpose for which the land is held open to the public.

Question 3

What duty is owed to a licensee?

Answer 3

Duty to protect from concealed conditions known to D

The condition does not have to be artificial or extremely dangerous

Question 4

What duty is owed to an invitee?

Answer 4

Duty to protect from hidden/concealed hazardous conditions that owner knew about or could have discovered in a reasonable inspection.

Inspection that a RPP would do at reasonable intervals and that were reasonably thorough

Must protect from all reasonably knowable traps on the land

Question 5

What duty is owed to an unknown trespasser?

Answer 5

No duty at all, they always lose

Question 6

What duty is owed to a known or anticipated trespasser?

Answer 6

Duty to protect from known man-made death traps on the land

1) artificial condition
2) highly dangerous (kill or seriously injure)
3) concealed or hidden and
4) D had prior knowledge