Affirmative Duties Cases

Question 1

Buch v. Armory

Answer 1

Child trespassed onto Mill to see brother. Was told to leave but didn’t understand English. Severley injured hand.

Rule: A landowner has no duty to warn a trespasser of the existence of a dangerous condition or object even if the trespasser is a mere child. Duty to rescue is only a moral duty, not a legal duty

Court held: Mill not liable. No duty to warn. If the child broke machinery, Mill owner could sue the boy for damages.

Question 2

Montgomery

Answer 2

A truck stalled at the bottom of a icy hill. Another car came down the hill, slid on the ice and hit the truck.

Rule: If you create the danger, you have an obligation to take reasonable care to protect others from harm

Court held: Truck driver liable. Should have warned of stalled truck and icy hill to prevent further harm. Affirmative duty to warn

Question 3

Weirum v. RKO General

Answer 3

Radio contest

Rule: One breaches his duty of ordinary care when his actions foreseeably cause a third party to act negligently, which results in unreasonable harm.

Court held: Foreseeability of harm is important. The trial court’s ruling against KHJ and denying its motion are affirmed. One breaches his duty of ordinary care when his actions foreseeably cause a third party to act negligently, which results in unreasonable harm.

Question 4

Robert Addie & Sons v. Dumbreck

Answer 4

4 year old was playing on machinery. D took some actions to keep children out such as DO NOT ENTER SIGN- but children can’t read.

Rule: The trespasser comes onto Defendant’s premises at his own risk. Defendant is liable only when the injury is due to some willful act involving something more than the absence of reasonable care.

Court held: No duty to protect a trespasser.. Defendant is liable only when the injury is due to some willful act involving something more than the absence of reasonable care. There must be some act done with the deliberate intention of doing harm to the trespasser

Question 5

Rowland v. Christian

Answer 5

Overturns the view that there is not duty to trespassers.
People on property is broken down into 3 categories

1-Invitee
2- Licensee
3- Trespasser

At least a duty to warn is owed to trespasser and guest. Invitee the highest duty is owed.

Creates an ordinary standard of negligence.

Question 6

Kline v. 1500 Massachusetts Avenue

Answer 6

A duty is not when a third party injuries another unless there is a special relationship. Landlord/leasee is a special relationship. Tenant relies no the landlord to provide a safe common space.

Question 7

Tarasoff

Answer 7

Special duty is created between doctor and third party if patient threatens harm.