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SUMMARY LIMITED DUTY INTRO COMMON CARRIERS GUEST STATUTES OWNERS AND OCCUPIERS OF LAND TRESPASSERSLICENSEESINVITEES.

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Presentation on theme: "SUMMARY LIMITED DUTY INTRO COMMON CARRIERS GUEST STATUTES OWNERS AND OCCUPIERS OF LAND TRESPASSERSLICENSEESINVITEES."— Presentation transcript:

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


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