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Tort Law: Duty of Care

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Questions and Answers

What is the term for a failure to act when there was a duty to act, which leads to harm to another?

Nonfeasance (correct)

Misfeasance

Negligence

Tortfeasor

Who is a public invitee?

Someone who is invited to enter the land for a public purpose (correct)

Someone who is a business invitee

Someone who trespasses on another's land

Someone who enters a private property for business dealings

What is the standard of care required of a common carrier?

Gross negligence

Ordinary reasonable care

Negligence per se

Highest degree of care (correct)

What is the duty of a property possessor towards a trespasser?

Duty to avoid wanton, intentional, willful injury Signup and view all the answers

What is the term for someone who is in the business of carrying passengers?

Common carrier Signup and view all the answers

What is the duty of a property possessor towards an invitee?

Duty to inspect the property and protect the invitee Signup and view all the answers

What is a duty in the context of tort law?

A legal obligation to conform to a certain standard of care Signup and view all the answers

Who is a foreseeable plaintiff according to the Cardozo view?

Those who are in the zone of danger and could be reasonably foreseen to get harmed Signup and view all the answers

What is the general rule under common law regarding a person's duty to take affirmative steps to protect another?

One person owes no duty to take affirmative steps for another's protection Signup and view all the answers

What is an exception to the no duty rule?

If a person knows or has reason to know that their conduct has created harm to another Signup and view all the answers

What is another exception to the no duty rule?

If a statute or ordinance requires a person to act affirmatively for the protection of another Signup and view all the answers

What is the duty of a person who has created a continued risk of harm to another?

To employ reasonable care to prevent or minimize the risk of harm Signup and view all the answers