Torts II Outline
Monday, November 24, 2008
Breach of Duty Owed
Irrelevant, butNOT AUTOMATIC LIABILITY
1. Intentional Torts
2. Unintentional Torts
a. Is there a duty owed?
o A person owes a duty of reasonable or ordinary care to everyone in the world who they can foresee may suffer personal injury or property damage as a consequence of the acts that they undertake (misfeasance/positive act).
· An omission during a positive act, is still a positive act.
· No liability will ensue if the plaintiff falls outside some zone of foreseeability
o Limited Categories — where no duty may be owed
· Non Action (Non-feasance/omission)–No Duty Rule
a. No Duty to Act
· General Rule: The law does not impose a duty to act
A. Defendant stands in a special relationship to the plaintiff;
· Recognized Special Relationships (Restatement of Torts, Second §314A):
To protect them against unreasonable risk of physical harm, and
To give them first aid after it knows or has reason to know that they are ill or injured, and to care for them until they can be cared for by others.
§ Common Carrier-passenger
§ Business-Customer (invitor-invitee)
§ Family relationship
§ Custodial Relationships
· Debate as to the extent to which a gratuitous promise, without more, gives rise to a duty
· Example: A lifeguard or baby-sitter is generally
n who renders first aid or emergency assistance at the scene of a motor vehicle accident on any street or highway to any person injured as a result of such accident, shall not be liable in civil damages for any acts or omissions relating to such services rendered, unless such acts or omissions amount to wanton conduct or intentional wrongdoing.
Defendant creates a situation of danger/Rescue Doctrine
§ Defendant’s act creates situation of danger to himself or a third party and places the plaintiff in a position of peril, duty of care is owed
§ Includes injured rescuer (unless acts recklessly or rashly)
§ Defendant may be liable even if the original act of the defendant which created the peril was not negligent
McCoy v. Suzuki: Suzuki created a situation of danger, causing a third party to be in a motor