LawDUTY
A SelectSmart.com Flowchart by alexis
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DUTY FLOWCHART

                 
duty to act reasonably EXCEPT:
NO
is the D owner of land? if yes what category is the P in?
YES
Was there an affirmative act?
NO
Nonfeasance
NO DUTY



YES


YES




 
Trespasser: only duty to not act reckless and refrain from intentional harm
was there injury?
Did D create position of peril/ decide to offer assistance (undertaking)
Was there a special relationship? ship captain, common- carrier. psychotherapist, *landlord(when in spec. sit. to solve prob, *Dr. in spec. sit. to help





NO


YES

YES

 
Licensee: duty to refrain from wanton negligence or willful misconduct, "takes land as is"
NIED: what cat. does P fall in?
DUTY
 









 
Invitee: duty to exercise reasonable care to protect against danger
miss- was the P in the "zone of danger?"
they have a close relationship to the injured?
 









Privity limitation: P is not in K with D
is there pure economic loss?
DUTY
 
 









is K b/w 3rd party and municipality?
YES
NO DUTY
EXCEPTION: for fisherman rule- DUTY
 
 









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
DUTY