DUTY FLOWCHART
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duty to act reasonably EXCEPT:
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NO
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is the D owner of land? if yes what category is the P in?
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YES
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Was there an affirmative act?
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NO
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Nonfeasance
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NO DUTY
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YES
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YES
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Trespasser: only duty to not act reckless and refrain from intentional harm
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was there injury?
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Did D create position of peril/ decide to offer assistance (undertaking)
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Was there a special relationship?
ship captain, common- carrier. psychotherapist, *landlord(when in spec. sit. to solve prob, *Dr. in spec. sit. to help
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NO
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YES
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YES
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Licensee: duty to refrain from wanton negligence or willful misconduct, "takes land as is"
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NIED: what cat. does P fall in?
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DUTY
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Invitee: duty to exercise reasonable care to protect against danger
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miss- was the P in the "zone of danger?"
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they have a close relationship to the injured?
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Privity limitation: P is not in K with D
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is there pure economic loss?
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DUTY
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is K b/w 3rd party and municipality?
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YES
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NO DUTY
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EXCEPTION: for fisherman rule- DUTY
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Factors to consider: 1. extent to which K meant to affect P 2. forgeability of harm to P 3. deg of certainty that P suff. inn. 4. closeness of D's conduct to inn. 5. moral blame 6. policy of prev future harm
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DUTY
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DUTY
