Unformatted text preview: (b) Premises liability, note 3, p 120 (c) Gun litigation, note 4, p 120 B. Strauss, p 121, finds against liability for a public utility for failure to provide service. Compare the majority and the dissent’s analysis. In assessing which side has the better argument consider the following notes: 1. Note 2: traditional treatment of utilities 2. Note 3: unusual factual background to the case 3. Note 6: application of Strauss to gun litigation C. Assessing and reviewing the role of the duty element 1. Strauss and privity of contract: does lack of privity cut off liability when municipal service is at issue? 2. Strauss and the no duty to rescue rule: is this a case where the defendant simply failed to act and there was no exception to the rule? 3. Strauss and social policy: assign the duty to the party who can best avoid the harm. See note 7, p 129...
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- Spring '08
- Tort Law, social guests, duty element, B. Strauss, policy related aspects