1182828
Description
Flashcards by Mark Jones, updated more than 1 year ago
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Created by Mark Jones
over 10 years ago
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| Question | Answer |
| Rowland Factors | Foreseeability Injury Proximity Blame Prevention Burden Insurance |
| "Duty" Public Policy Factors | Allocation of Loss Fairness Deterrence Administrative Concerns Legislative Concerns Economics |
| General Duty to Care | Duty to not expose another to a foreseeable harm or injury resulting from your conduct. |
| Misfeasance v. Nonfeasance | M = Active Misconduct or Negligent Omission N = Passive Inaction or Failure to Intervene |
| Novel/Complex Duty Situation | Overrules a limited duty and creates a NEW duty. (Use the Rowland Factors to determine in CA) |
| Rowland Factors | Foreseeability Injury Proximity Blame Prevention Burden Insurance |
| Limited Duties & Exceptions | Duty to Rescue (E - Creating Peril; Special Relationships; Undertaking to Act or Reliance; Contract) Duty to Control (3d Person) (E - Mental Patient; Sale of Liquor) Duty to Protect (E - Police Duty; Public Safety (Fire) |
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