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12 Cards in this Set
- Front
- Back
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If you innocently create an unreasonable risk of harm, is there a duty to prevent harm from happening?
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Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)
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Nonfeasance generally
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No duy to act rule: a person owes another no duty to take active or affirmative steps to act for another's protection. A ∆ is subject to liability for misfeasnce, but rarely for nonfeasance
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Misfeasance generally
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When something that might be done lawfully is done unlawfully.
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Basic principle of legal responsibility
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that individuals should be responsible for their own actions and should not be liable for others’ independent misconduct. There is no case suggesting that an adult encouraging another adult to engage in a dangerous activity can give rise to a legal duty
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If you commit a tort or innocent act, and you KNOW it has harmed another, do you have a duty to act?
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Yes. Podias v. Mairs: driver had a duty to summon help for the person he hit
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If you innocently create an unreasonable risk of harm, is there a duty to prevent harm from happening?
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Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)
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Reliance on services in nonfeasance
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One who voluntarily undertakes to render services to another is liable for bodily harm caused by his failure to perform such services with due care or with such competence and skill as he possesses. In this case, changing the girl’s shirt and cleaning up her vomit showed a voluntary undertaking
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Restatement position on providing services to another
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an actor who undertakes to render services to another, when the actor knows/should know that those services will reduce the risk of harm to the other, has a duty to use reasonable care in rendering those services if the failure to exercise care would increase the risk of harm beyond which would have eisted without the undertaking; or if the other person relies on the actor’s using reasonable care in the undertaking
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Preventing another person from helping another
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Farwell v. Keaton: driving around with his beaten friend in the car showed a special relationship, voluntary undertaking of care, preventing to get him help from others, and making the situation worse
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Is liability imposed when someone makes matters worse in case on nonfeasance
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o ex: Restatement (3): when D discontinues aid, liability is imposed If D, by acting unreasonably, has left the victim in a worse situation than before D took charge
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What are the special relationships in which one has a duty to act?
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o carrier-passenger
o innkeeper-guest o landowner-lawful entrant o employer-employee o school-student o landlord-tenant o custodian-custody |
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Can due process be extended to to impose an affirmative obligation on the State to ensure those interests do not come to harm?
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No it cannot... think of social workers. They should not be held liable for not taking a child out of an abusive household
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