Download presentation
Presentation is loading. Please wait.
Published byJohn Hunt Modified over 8 years ago
1
SUMMARY LIMITED DUTY INTRO COMMON CARRIERS GUEST STATUTES OWNERS AND OCCUPIERS OF LAND TRESPASSERSLICENSEESINVITEES
2
SUMMARY (CONT.) CHILD TRESPASSERS ATTRACTIVE NUISANCE DOCTRINE MODERN RESTATEMENT
3
STILL MORE LANDOWNERS OPEN AND OBVIOUS DANGERS: NO DUTY – O’SULLIVAN (360) EXCEPTION TO “OPEN AND OBVIOUS”: HYPO: THE MIRROR IN K-MART HYPO: THE WATERMELONS
4
DUTY TO PERSONS OFF THE LAND THE INVERSE SITUATION PROGRESSION: 1. THE NATURAL-ARTIFICIAL DISTINCTION 2. NATURAL: URBAN-RURAL 3. ABOLITION OF CATEGORIES
5
FIREFIGHTERS RULE LIMITED DUTY ALSO APPLIES TO POLICE, ETC. RATIONALES 1. LICENSEE 2. ASSUMPTION OF RISK 3. TOO GREAT A BURDEN 4. D PAID TAXES EXCEPTIONS
6
ABOLITION OF CATEGORIES ROWLAND (369) RATIONALE THE “ROWLAND FACTORS” CONTINUED RELEVANCE OF CATEGORIES ARE YOU CONVINCED? OUTCOME: SCURTI (372) RECREATIONAL USE STATUTES
7
LESSORS PAGELSDORF (376) THE COMMON LAW RULE THE EXCEPTIONS 1. CONTRACT 2. OWNER’S KNOWLEDGE 3. PUBLIC USE OF PREMISES 4. COMMON AREAS 5. NEGLIGENT REPAIRS NEW RULE: FULL DUTY OF CARE
8
LIMITED DUTY: NONFEASANCE HOW TO ORGANIZE: 1. BASIC “NO DUTY” RULE FOR NONFEASANCE 2. NONFEASANCE-MISFEASANCE DISTINCTION 3. EXCEPTIONS TO THE BASIC “NO DUTY” RULE FOR NONFEASANCE HYPO: THE BABY AND THE R/R TRACK I HYPO: THE BABY AND THE R/R TRACK II
9
BASIC NONFEASANCE YANIA (484) WHAT D DID AND DID NOT DO. WAS THIS NONFEASANCE? NONFEASANCE v. MISFEASANCE NEWTON (483) HYPO: THE PARKING BRAKE RATIONALE FOR NONFEASANCE RULE
10
EXCEPTIONS TO THE NONFEASANCE RULE DUTY ARISES WHEN D CAUSES HARM DUTY ARISES WHEN CREATES RISK OF HARM. HYPO: DEER IN THE HEADLIGHTS ASSUMED DUTY: WAKULICH (489) SUMMARY: 1. NONFEASANCE RULE 2. ONCE BEGIN ACTING 3. EXCEPTIONS
Similar presentations
© 2025 SlidePlayer.com. Inc.
All rights reserved.