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23 Cards in this Set

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What is Nonfeasance?
A failure to act if a duty was owed to another person/party.
What is an Affirmative Duty?
A duty to aid, assist, or protect a person from harm that the one with the duty did not cause.
What is the "Duty to Rescue"?
A duty to aid, assist, or protect a person when you are responsible for unlawfully meddling (acting willful or reckless) AND your actions cause the person's injuries.
How does the "Good Samaritan" law effect the "Duty to Rescue"?
If you act REASONABLY to rescue a person - not liable if you did not create the situation (even if you injury them further during the rescue)UNLESS you expected to get paid for the rescue.
What Duty does a Landowner/Ocuupier ownn to an INVITEE?
Owe the highest duty of reasonable care - that the premises are safe for the invitee to be present
Define Invitee
invitee - is a business visitor who was invited (has permission)to enter or remain on the premises for the purpose of conducting business.
permission can be expressed or implied
Define Invitee
invitee - is a business visitor who was invited (has permission)to enter or remain on the premises for the purpose of conducting business.
permission can be expressed or implied
What Duty does a Landowner/Occupier owe to a LICENSEE?
No duty to ensure the premises are safe, BUT duty not to create a trap or allow a concealed danger to exist when it is known to the landowner & not known to the licensee.
Duty to warn of traps & concealed dangers.
Define Trespasser
Trespasser - person who enters or remains on the land of another without consent (expressed or implied)
What Duty does a Landowner/Occupier owe to a TRESPASSER?
No duty to warn or do anything.
Landowners have the right to remove trespasser by molter manus & reasonable necessary force (short of wounding)
Can a Landowner/Occupier be liable to a trespasser?
Yes, BUT ONLY IF the landowner causes the trespassers injuries by an intentional/reckless act involving more than the absence of reasonable care.
What happens when a person "Creates a Dangerous Situation"?
If a person creates a dangerous situation & fails to act --> liable for person injuries if you failed to act as a reasonable and prudent person when the danger was foreseeable
What constitutes an "Attractive Nuisance"?
1. Condition is known/had reason to know and realized/should have realized that there was an unreasonable risk of death or serious bodily injury
2. know/had reason to know children are likely to trespass there
3. Children because of age do not discover the condition or realize the risk in messing with or being in the area
4. The owner failed to exercise reasonable care to eliminate the danger versus the risk to the child
What is a Gratuitous Undertaking?
when one who voluntarily undertaked to care for or afford relief/assistance to an ill, injured, or helpless person
What must be shown to prove you are liable for a gratuitous undertaking?
1. person voluntarily undertook to render service to another
2. person should have recognized there undertaking was necessary for the protection of another
3. the other person suffered physical harm
4. the person failed to exercise reasonable care to perform the promised undertaking or the other person relied upon the promise
Are people liable for the injuries of X when they were caused by a third party?
Yes - IF there is a special relationship between the one being sued & the third party (duty to control their conduct)OR between the one being sued and the victim (duty to protect) AND the resulting harm was foreseeable
Landlord & Tenant relationship & Liablity --> what must you prove for landlord to be held liable?
Landlord has a duty to take reasonable precautions:
1. has notice of the repeated bad activity
2. the bad activity occurred w/i arreas under his control
3. landlord has reason to expect such thing to occur again (FORESEEABLE)
4. the area is w/i the landlord's exclusive power to take preventative actions (which R will mitigate the risk)
Define Foreseeable
something rreasonably anticipated or something that is predictable and probable
What are the four elements of Strict Liability?
Absolute duty
Breach of the absolute duty
Cause in Fact & Proximate Cause
Plaintiff was injured
Damages
What makes Strict Liability different from negligence?
SL - no fault needs to be shown --> only have to show that the act was done (even if you exercised reasonable care)
SL - don't take injured party as they are --> instead the injury is based on the harm that would have resulted to a normal ordinary person
Are you Strictly Liable for your Animals if they cause injuries to another?
Yes. If it was reasonably foreseeable that such injuries would occur.
Yes, if you keep a ferocious wild animal OR own an animal known to be dangerous UNLESS the victim brings the injury about buy their own actions.
What are the factors for determining an "Abnormally Dangerous Activity"?
1. could the risk have been eliminated by due care (Y-neg / N-SL)
2. inappropriateness of the activity to the place where it occurred (Y-neg / N-SL)
3. Value to the community vs its dangers (great value-neg /little value-SL)
4. degree of the risk of harm (high degree-SL / low degree-neg)
5. likelihood resulting harm will be great (high-SL / low-neg)
6. Extent the activity is a matter of common usage (done by grat mass of mankind) (high-neg /low-SL)
What defenses are available for an Abnormally Dangerous Activity?
Assumption of the Risk - the person knowingly and unreasonably subjected himself to the risk of the ADA