Cases - Limited Duty

Question 1

Limited Duty

J.S. and M.S.

Answer 1

• Wife of child abuser
• Had actual knowledge of husband’s abuse of neighbor girls, so she was liable
• Constructive knowledge would have
  worked too

Question 2

Limited Duty

Tarasoff

Answer 2

• Patient of D threatened to kill P they tried to detain him for a while but eventually released him and did not warn P who he did kill
• Therapist has a duty of care to take reasonable precautions given the circumstances to warn a potential third party of danger

Question 3

Limited Duty

Daley

Answer 3

• D lost control of car and hit a utility pole causing and electrical explosion that hit P’s home. P experienced emotional distress and medical experts confirmed distress was accompanied by physical symptoms
• Do not have to show physical impact for negligently caused emotional distress

Question 4

Limited Duty

Thing

Answer 4

• P’s son was seriously injured when struck by a car, P did not see or hear the accident but was in the area and saw her child on the ground and believed he was dead
• P Cannot recover because did not have direct observation
• May recover for emotional distress caused by observing if P is closely related to victim, at the scene, and aware victim was being injured

Question 5

Limited Duty

Endres

Answer 5

• Stillbirth after car accident
• Fetuses do not have rights to injury or
  damages

Question 6

Limited Duty

Procanik

Answer 6

• Mother with rubella argues she would have aborted if she knew
• Wrongful life case
• Can’t collect non-economic damages for living instead of dying
• Can collect economic damages