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Torts Outline - NEGLIGENCE IDBCap Owe Duty of reasonable...

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NEGLIGENCE : IDBCap Owe Duty of reasonable care – ordinarily prudent person under the circumstances – and protection from unreasonable risks. Include feasance. judge Phys harm caused by aff acts – D turns mostly on FS! – need more than FS Evolution of Duty : w probable FS danger & known 3 rd party use w/o new tests. Consider remoteness. {D if imm danger [(inherently) dang instrument/fs death].} Duty of Reasonable Care depends upon FS of injury toπ. Qualified Duties of Care Premises Liability for dang conditions . For path people always take, limits. Trespasser – to cause them no wanton/intentional harm. Attractive nuisance duty to kids. Licensee – to warn of hidden dangers Invitee (enter prop w permission + material benefit) – of reasonable care for their safety Pure Economic Loss : no D w/o phys damage to proprietary interest – more than FS. FS benefactors to accountant report. Affirmative Duty to Rescue : if you cause imm peril toπ(instigating); voluntary undertaking (GS immunities); stat duty; SR to victim/crim. No D if mere observers. No social host D. LO D to protect invitee from crime. Policy Duty Exceptions : Cheapest cost avoider (utilities); misfeasance vs nonfeasance. How Duty, Breach, & PC Relate to Each Other Breach [of Duty] Whether ∆ acted w reasonable care, as ordinary prudent person would. jury Unreasonableness test (rather than FS). Strict Liability – common carrier highest D of care to passengers Objective Reasonable Person Standard for Breach : Egg Shell Doctrine. Exceptions to objective standard: children [TY], physical disability, professionals, sudden incapacity. Negl parental supervision must show direct negl – FS & opp to control. Custom, + MM : industry custom doesn’t mean ∆ acted reasonably. But general custom in MM (glaucoma test exception); no custom for informed consent [patient test].
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