Proximate cause and duty because of foreseeability Flashcards
We will not be tested on exceptions to duty of care
Privity of Contract
The court does not want to extend liability too far so they limited those with ability to get relief to
Judge Cardoza
A
MacPherson v. Buick
Why did judge reach the conclusion that the buick company was still liable. Judge Cardozo looks at precedent. Ensure there is no privity of contract to reduce liability. This opinion broke new ground and destroyed privity of contract. This case contains the best sentences in TORT law. We have put the source not from contract but from the law itself. Tort law now defines the scope of duty care and NOT contracts. WE ARE ALL ENTITLED TO REASONABLE CARE BY ALL MANUFACTORORS.
Rule from Hagel v. Langsam.
There is no duty of care to regulate the social activities of students.
No Duty to rescue doctrine
There is no duty to rescue in tort. (It is embarrassing.)
Recap
We do not change the burden of care for people with mental illness.
We have a libertarian strain in our law that looks down on putting duties on people
how great an effort does someone have to make?
Are only the strong swimmers liable when someone is drowning?
It is not just the law that makes societal norms. We have moral norms too!
It will be expensive to create a legal duty to rescue. If one of you tomorrow has a chance to save a baby, won’t you have less of the warm fuzzie
Exception to the general rule that there is no duty to act include
1) when there is a “special relationship” like when
a) the defendant controls the instrumentality that causes the injury OR
b) Who was in a better position to avoid the harm as the situation evolved.
c) Voluntary assumption of responsibility and reliance.
There may be a legal obligation to affect the rescue of a person who is hopeless or position of peril when the defendant is under control of the remedy.
Once the boys fingers got caught, only the department store was in a position to avoid the harm because they had control over the escalator.
Special relationships:
Spouses
Grade schools/High School teachers
Parent and Child
Trolley Dilemma
Five people die,
Trolley problem is not hard under TORT law. Don’t pull the lever if you don’t want to be liable.
Failure to act scenario:
there is no duty unless there is a special relationship. If there was a special relationship, then you do normal duty, breach, causation, and damages argument.
