risk of harm to others o (2) There is NO duty to make precautions against events that are not reasonably foreseeable. o (3) A duty is only owed to foreseeable plaintiff. o (4) Rescues are foreseeable as long as the rescue is reasonable. o (5) There is no duty to aid someone in need of help unless there is a special relationship or unless defendant creates the risk of harm. o (6) Good Samaritan Rule – a person who begins to help must complete the help with reasonable care o (7) There is no duty to control a third person and prevent that third person from committing a tort unless an exception applies. o Standard of Care P must show that D’s conduct imposed an unreasonable risk of harm on P (or on a class of people of whom P is a member) Of course, pursuant to a reasonable prudent person’s standards The duty of care is based on the intrinsic danger/risk perceived, not by the results. Courts use the “balancing test” - Duty of care is increased by a higher magnitude of risk Test for duty of care: 6
- Probability of event - Magnitude of damage - Cost of prevention - Social utility of the act Objective standard: Would a “reasonable person of ordinary prudence” in D’s position, do as D did? Can change according to circumstances of person: (disabilities, age, extent of knowledge, etc.) - Physical disabilities: reasonable person with like disabilities - Mental disabilities: normal reasonable person standard (sane and sober) Drunk, insanity, etc. is not an excuse for negligence Exception: drugged involuntarily - Professionals/specialists: if more experience in your field, then reasonable person takes on that extended standard of care. Professionals: according to local custom Specialists: according to national standards - Children: reasonably careful child of same age, intelligence, experience Exception: children held to adult standard when engaging in inherently dangerous or adult activities Very young children: age 3 and under incapable of negligence Duty of Care/Special Duties o Affirmative duty Public policy requires some people to do things (tort law places an obligation of due care on the D to prevent or limit an injury to another) Misfeasance v. Nonfeasance Misfeasance – failed to do something you’re required to do (by virtue of a reasonably prudent person) Nonfeasance – failed to something that would’ve been voluntary o No duty to stangers. o Takes charge of another who is helpless (voluntarily) is subject to liability for harm caused by The failure of the actor to exercise reasonable care to secure the safety of the other The actor’s discontinuing his aid or protection, if by doing so he leaves the other in a worse position than when he took charge of him o There is no duty to control the conduct of a third person unless: Special relationship between any of the three people Special relationships include: - a common carrier and passenger - an innkeeper and guests - a possessor of land who holds it open to the public -
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- Fall '16
- Tort Law, person, duty