Torts Law I

D created the risk.
Extends to those that are in a reasonably foreseeable zone of danger or orbit of risk.

1. affirmatively saying a false statement
2. Foresee specific physical harm
3. Reliance on the statement

ex. rapist principal

1. Def knows or should know of the risk of serious physical harm
2. victim must be identifiable to the defendant
3. Def has the ability to control the harmer through their relationship.

1. Foreseeable serious physical harm
2. Plaintiff is vulnerable and relies on the D
3. Def is in a position to warn or protect the P (D in a superior posistion with respect to the harmer)

1. D entrusts the instrumentality of danger to the injurer.
2. The D knows or should know that the entrustee is likely to be negligent, foolish etc.
3. Physical harm results from the accident due to the incompetence of the entrustee

1. no tort duty when exercising parental authority
i.e. disciplining, providing parental neccesities, etc.
2. question of duty/no duty based on whether or not parent is exercising supervision over the child?

3. No immunity but treat parents as reasonably prudent parents instead of just reasonably prudent persons

1. Is there a choice?
2. Is the choice governed by a statutory, regulatory or procedural mandate?
If governed and followed then immune, if governed and didn't follow then not immune
3. does the choice involve public policy?
social, economic and political decision making
if it involves public policy immune
if it doesn't involve public policy then not immune.

1. cuffy factors
2. statutory private right of action
3. treat as private actor ie special relationship.

1. assumption of responsibility (through promise or conduct)
2. knowledge that inaction will result in harm
3. direct contact between municipality and P
4. P justifiably relies on D

1. P is part of a class which the congress intended to protect
2. Recognition of a private right of action would further the legislative purpose
3. The private right of action is consistent with the legislative scheme of enforcement.

1. D negligently or non-negligently created the risk.
2. Special Relationship between P and D
3. Volunatry Undertaking to assist
4. Promise from D + justified reliance by P

1. Created prior to the risk
2. Knowlege of relationship
3. D is benefited by P so there is an expectation of protection and the P is w/o ability to protect themselves
ex. common carriers, inn keepers, etc.

1. Def creates reliance b/c D singled themselves out as the rescuer
2. Clear beginning of preformance
3. Def has taking charge and control of the situation

No reasonable care just no willful or wanton injury.
no duty to inspect
no duty for natural conditions

there are three exceptions.

Active operations= exercise reasonable care

Artificial conditions that create risk of serious bodily injury or death, duty to warn or make safe those known by the LO

Child trespassers