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Torts - Coggle Diagram

- - - - of harm
        
        alone does not create duty. but courts look at it when avulating whether a duty exists
      - of plaintiff
        
        majority
        
        duty is owed to P only if P is member of class that might be forseeably harmed as results of D's negligence
        
        mInority
        
        if harm is forseeable to anyone as a result of negligence, then duty is owed to everyone regardless of whether or not it was forseeable to specific plaintiff
      - specific classes
        
        rescuers
        
        person who comes to the aid of another is a forseeable plaintiff
        
        if your danger causes somebody to be in danger and then another person attempts to rescue them from said danger, you will be subject to liability for BOTH injuries
        
        police/firefights exempt from rule
        
        intended beneficiaries
        
        liable to a third-party beneficiary if the legal or business transaction that the beneficiary is a part of is prepared negligently, and the defendant could foresee the harm of completing the transaction.
        
        fetuses
        
        wrongful life/birth: fetus is owed duty of care if viable when injuryy occured
        
        Anticipated victim
        
        applied when during a special relationship, your client/patient tells you of their intent to harm a 3rd party. you have a duty to warn intended victim.
        must be serious threat
    - - Assumption of duty
        
        if you volunteer to help someone, u now have a duty to that person to act with reasonable care while helping.
        EXCEPTION:
        
        in some states, doctors and medical professionals are protected from this, but not from regular ordinary or gross negligence (good samaritan)
      - plpacing another in peril
        
        if u place someone in peril, u have an affirmative duty to exercise resonable care to prevent further harm
      - contract
        
        duty to perform contractual obligations w/ care
      - By authority
        
        One with actual ability and authority to control another, such as parent over child and
        employer over employee, has an affirmative duty to exercise reasonable control.
        Generally, this duty is imposed upon the defendant when the d
      - by relationship
        
        if you have uniqure relationship w/ person, u may have duty to protect. aid, or assistg plaintiff in preventing resonable forseeable injury ... example: your child
      - by statute
        
        statute requires citizens to act in specific circumstances 9like reporting animal abuse)
    - - reasonably prudent person
        
        D is required to exercise the care that a reasonable person under the same circumstances would deem as neccessary to avoid or prevent risk of harm
        
        mental and emotional characteristics
        
        standard: D is presumed to have regular average mental abilities as everyone else in community.
        
        NOT EXEMPT from liability because you have mental or emotional disability, unless a child
        
        RULE -- Held to the same standard as an oridnary person regardless of mental or emotional disability
        
        physical characteristics
        
        standard: reasonably prudent person w/ the same disability
        
        intoxication
        
        standard: same as everyone else unless intoxication was involuntary
        
        children
        
        standard: resonably prudent child of the same age, intelligence, and experience
        
        more subjective
        BUT, if child is doing adult activities, then the child will indeed be held to the same standard as an adult
      - specific classes of Defendants
        
        common carriers/inkeepers
        
        CC: generally held to higher duty of care than ord. negligence
        -IK: generally held to ordinary/reasonable care today
        
        automobile
        
        owe ordrinary care to guests and passengers on road
        
        bailors/bailees
        
        bailor
        
        has duty to inform bailor only of KNOWN dangerous defects in prop.
        
        bailee
        -: If the bailor alone benefits, the bailee is liable only for gross negligence; if the bailee alone benefits, the bailee owes extraordinary care and can be liable for slight negligence; if both benefit, the bailee owes reasonable care.
        
        emergncies
        same standard as a reasonable person in the same situation would
    - - two approaches
        
        trad
        
        1/2 of juris. standard depends on status of person on land
        
        modern
        
        same standard except to tresprassed
        
        known dangers
        
        A land possessor must take reasonable precautions for known or obvious dangers when the possessor should anticipate the harm despite such knowledge or obviousness. However, when the danger is open and obvious to the entrant, a warning will ordinarily not provide additional protection against harm. Consequently, if the only purpose of a warning would be to
        provide notice of a danger that is open and obvious, there is no liability for failing to provide such a warning. In addition, even when a warning is required, an entrant who encounters an obviously dangerous condition andfails to exercise reasonable self-protective care is contributorily negligent
      - Trespassers
        
        traditional
        
        guns - not allowed, cant do indirectly what u cant do directly
        
        discvered trespassers
        
        owe duty to reveal dangers
        
        duty is owed when reoasnably should know they are on your land
        
        undiscovered - no duty
        
        attractive nuisance
        
        may be liable to children if:
        
        child is likely to trespass
        
        unresonable risk od death of serious boidly injury
        
        burden to get rid of issue to light compared to risk of harm
        
        fails to exercise reasonable care to protect from harm
      - Invitees
        public: on land for purpose in which land is open to public (e.g., mall)
        business visitor: on land for business
        
        licensees
        social guests someone who enters land with express or implied permission
      - liability of landlords and tenants
        
        landlords liability
        
        The landlord remains liable for injuries to the tenant and others occurring:
        i) In common areas such as parking lots, stairwells, lobbies, and
        hallways;
        ii) As a result of hidden dangers about which the landlord fails to warn
        the tenant;
        iii) On premises leased for public use;
        iv) As a result of a hazard caused by the landlord’s negligent repair; or
        v) Involving a hazard that the landlord has agreed to repair.
        
        tenants liability
        
        liable t 3rd parties regardless of whetehr land owner is liability
      - off premise
        
        generally no duty is harmed by natural conditions; owes duty for artifical conditions
      - sellers of real prop
        
        Sellers of real property owe a duty to disclose to buyers any concealed and unreasonably
        dangerous conditions known to the seller. The seller is liable to persons on the land for
        harm caused by natural or artificial conditions if:
        i) The seller knew or should have known that the condition existed at the time of
        the sale and that it posed an unreasonable risk;
        ii) The buyer neither knew nor should have known of the condition or risk; and
        iii) The seller had reason to believe that the buyer would not discover the
        condition or realize the risk.
        The seller may also be liable to persons off the land for artificial conditions if (i) the
        condition existed at the time of the sale, and (ii) the seller knew or should have known the
        condition existed and that it posed an unreasonable risk.
        If the seller created or actively concealed the condition, the seller remains liable until the
        buyer actually discovers the condition and has a reasonable opportunity to remedy it.
        Otherwise, the seller’s liability continues only until the buyer has a reasonable opportunity,
        through maintenance and inspection,