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Torts > Duty - Limited Duty > Flashcards

Duty - Limited Duty Flashcards

1
Q

What are the Rowland factors?

For making a public policy argument for duty

A
  1. The foreseeability of the harm to the plaintiff
  2. The degree of certainty that the plaintiff suffered injury
  3. The closeness of the connection between D’s conduct and P’s injury
  4. The moral blame attached D’s conduct
  5. The policy of preventing future harm
  6. The extent of the burden to the defendant and the consequences to the community of imposing the duty to exercise care with resulting liability for breach
  7. The availability, cost, and prevalence of insurance for the risk involved
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2
Q

Limited Duty

Types of Land Possessor Duty

A
  1. Status trichotomy
  2. Unitary standard
  3. Hybrid
  4. Landlord
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3
Q

Limited Duty - Land Posessor

Three statuses under status trichotomy

A
  1. Invitee
  2. Licensee
  3. Trespasser
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4
Q

Limited Duty - Land Posessor - Status Trichotomy

Define Invitee

A
  1. Someone who has express or implied consent of the posessor to be on the property
  2. Is there either to provide an economic benefit or the property is open to the public
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5
Q

Limited Duty - Land Posessor - Status Trichotomy

SOC for Invitee

A

Landowner owes a duty of reasonable care (RPPSSC)

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6
Q

Limited Duty - Land Posessor - Status Trichotomy

Define Licensee

A

One who enters and remains on land with owner’s consent (express or implied)

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7
Q

Limited Duty - Land Posessor - Status Trichotomy

SOC for Licensee

A

Land owner has a duty
1. To not willfully harm,
2. To not engage in gross negligence, and
3. To warn or make safe any known concealed dangerous conditions (no duty to warn of unknown dangers and no duty to inspect the land for dangers)

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8
Q

Limited Duty - Land Posessor - Status Trichotomy

Define Trespasser

A

Party who enters land without
1. Permission,
2. Lawful authority,
3. Invitation, or
4. Privilege

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9
Q

Limited Duty - Land Posessor - Status Trichotomy

SOC for Trespasser

A

Land possessor must avoid causing injury to the trespasser through willful or wanton conduct or through gross negligence; some jx for trespassers only allow for artificial conditions

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10
Q

Limited Duty - Land Posessor - Status Trichotomy

Exceptions for Trespasser status

A
  1. Known or frequent trespasser
  2. Children and attractive nuisance doctrine
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11
Q

Limited Duty - Land Posessor - Status Trichotomy - Trespasser

Define known or frequent trespasser and what duty is owed?

A

If the possessor has a reason to know of the presence of the trespasser, the land possessor owes a duty to exercise care to warn or make safe:
Known, concealed, artificial conditions that involve risk of serious bodily harm

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12
Q

Limited Duty - Land Posessor - Status Trichotomy - Trespasser

Define Children and the attractive nuisance doctrine

A
  1. The condition must be artificial and
  2. The LP must have reason to know that children are likely to trespass and
  3. The condition is one which the LP had reason to know that it will involve a risk of causing serious harm and
  4. Children would not discover the condition or realize the risk involved by intermeddling and
  5. The utility to the LP of maintaining and the burden of eliminating the danger are slight as compared to the risk to the children and
  6. The LP fails to exercise reasonable care to eliminate the danger or protect the children
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13
Q

Limited Duty - Land Posessor

Define Unitary Standard

A

Land possessor owes a duty of reasonable care to anyone on the property regardless of status (some exceptions for those who entered with “criminal mischief”)

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14
Q

Limited Duty - Land Posessor

Define the Hybrid Approach

A

Possessor owes a duty of reasonable care to invitees and licensees; same rules for trespasser as in status trichotomy

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15
Q

What is the duty for an injury occurring outside of the border of the LP’s property?

A

No duty except trees in urban areas, but LP must have constructive knowledge of the tree’s condition that caused the harm. If it is caused by an artificial condition on the land a duty of reasonable care is owed

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16
Q

Limited Duty

Duty for landlords

A

Generally landlords have no duty to tenants for injuries that occur inside the rented space

17
Q

Limited Duty - Landlords

Exceptions to no duty for landlords

A
  1. Common areas
  2. Negligent repairs
  3. Undisclosed dangerous conditions that should have been known to the landlord
  4. Landlord’s knowledge that property will be open to the public
18
Q

Limited Duty

Negligent Entrustment

A
  1. The defendant supplied a 3d party with the chattel for use by the 3d party
  2. The supplier of the chattel should have known that the 3d party would use the chattel in a manner involving an unreasonable risk of harm (did party act reasonably when they gave the chattel to the 3d party?)
  3. The harm resulted from the use of the chattel
19
Q

Limited Duty

Define Primary Assumption of Risk

A

D is not liable when P gets injured due to a risk or danger that is inherent to the activity that p chose to participate in (playing baseball and getting hit by a pitch)

20
Q

Limited Duty

Duty of Alcohol Purveyors

A
  1. Commercial purveyors may have a duty to 3d parties injured by the intoxicated person (normally no duty to the intoxicated 1st party unless person is a minor).
  2. Social hosts rarely have a duty (unless party is a minor)
21
Q

Limited Duty

Dram Shop Laws

A

Most states allow P to bring claim if dram shop serves alcohol to a visibly intoxicated person who goes on to cause harm to others as a result of their intoxication

22
Q

Limited Duty

California Dram Shop Law

A
  1. Any person who serves a common drunkard or intoxicated person is guilty of a misdemeanor
  2. No person who does (1) shall be civilly liable to any injured person whose injury is caused by the intoxication
23
Q

Limited Duty

Duty of Gun Manufacturers

A

Usually no duty due to statutory immunity. Exceptions: Duty if the seller should have known that the transaction was illegal (straw buyers); negligent marketing

24
Q

Limited Duty - Public Duty

Police duty to act

A

Typically no duty for failiing to protect individual citizens.
For duty to exist there must be more than a general relationship established:
1. If police undertook to act and
2. Created reliance or
* Enlisted the aid of the plaintiff increasing their risk of harm

Torts (11 decks)

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