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Jordan's Outline - Torts Krimmel Negligence Duty(legally...

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Torts Krimmel Negligence Duty (legally recognized relationship between ∆ & ∏ that obligates ∆ to act or refrain from acting in a certain manner toward ∏) ¬ Duty o Legally recognized relationship between ∆ & ∏ that obligates ∆ to act or refrain from acting in a certain manner toward ∏ o One engaged in risk-creating conduct generally owes a duty to avoid causing foreseeable personal injuries to foreseeable ∏s o Factors for finding a relationship ( Rowland v. Christian ) : Foreseeability of the harm to ∏ : Degree of certainty that ∏ suffered injury : Closeness of connection between ∆’s conduct & injury suffered : Moral blame attached to ∆’s conduct : Policy of preventing future harm : Burden to ∆ and consequences to community of imposing a duty to exercise care w/ resulting liability for breach : Availability, cost and prevalence of insurance for the risk involved ¬ Misfeasance o Victim is positively worse off as a result of the wrongful act o Negligent omission : Failing to do something that a reasonable person would do while engaged in other activity (i.e. not paying attention while driving) ¬ Nonfeasance (where ∏’s harm is caused by ∆’s failure to intervene) o Definitions : Passive inaction : Failure to take positive steps to benefit others : Protect them from harm not created by any wrongful act of ∆ o General rule : A person does NOT have a duty to aid another Embodiment of the value placed on individualism in America No duty to move out of the way of the fire truck o Affirmative Duties : Rescue (5 situations where ∆ has duty to rescue) ∆’s tortious behavior causes ∏’s peril o ∏ can recover b/c ∆ didn’t let ∏ use his phone when ∏’s friend was in need of 911 : ∆’s acts were tortious b/c of violative of necessity Cannot inhibit someone from doing something they can do on their own ∆’s non-tortious behavior gives rise to ∏’s peril o CL: ∆ must be at fault o ∆ has the duty to rescue if that person’s fault-free conduct gives rise to the need to rescue : ∆ is NOT liable letting ∏ drown after cajoling him to jump in the water ( Yania v. Bigan ) : Not forcibly removing child from factory could count Special relationships w/ person in peril o Companions on a social venture had an implicit understanding that one would come to the aid of the other, if necessary Statutory Duty to Rescue
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Torts Krimmel o Contract or Law : Lifeguard or babysitter has duty to rescue : Does NOT apply to gratuitous promises for aid or service ( Thorne v. Deas promise to procure insurance for ship) : Driver involved in accident A stalls, B brakes and C hits B—A in accident Gratuitously Undertaking Rescue o CL: cannot leave victim in worse condition o Modern: Once ∆ begins to intervene he had an obligation to follow thru : ∆ permitted ∏ to make a phone call thus there was an undertaking ( O’Neill v.
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