Torts 18-24 Flashcards
To Whom a Duty is Owed
Andrews View
vs.
Cardozo View
Andrews: A duty of care is owed to ALL foreseeable plaintiffs.
Cardozo: A duty of care is only owed to foreseeable plaintiffs who are within the zone of danger.
Priority: HIGH
What are the elements for a prima facie case of Negligence?
A duty owed to the plaintiff by the defendant;
A breach of that duty;
(the breach was the actual and proximate cause of the plaintiff’s injuries); AND
Damages.
Priority: HIGH
When will an Affirmative Duty to act arise?
If:
There is a pre-existing relationship between the parties;
The defendant put the plaintiff in peril;
The defendant has undertaken to render aid or rescue the plaintiff; OR
A duty is imposed by law.
Priority: Medium
When is a Rescuer liable for injuries caused to another person?
If they fail to exercise reasonable care, AND:
The failure increased the risk of harm; OR
The harm is suffered because of reliance on the person providing the aid.
**A rescuer is liable if the aid is discontinued and the person is left in a worse position.
Priority: N/A
What is the Reasonable Person Standard?
Every person owes a duty to act as a reasonable prudent person would act under similar circumstances.
(A reasonable person takes appropriate measures to avoid foreseeable risks.)
Priority: HIGH
What is the Standard of Care for Children?
They are held to a standard of care a hypothetical child of similar age, experience, and intelligence acting under similar circumstances.
*If the child is engaged in an adult activity, they have the duty to act as a reasonable ADULT would act under the circumstances.
Priority: Medium
What is the Standard of Care for Medical Doctors?
Held to the degree of care and skill of the average qualified practitioner.
Courts will analyze under National Standard rather than local/community standards.
They have a duty to obtain informed consentbefore treatment and disclose risks a reasonable patient would want to know.
Priority: Medium
