Duty of care to foreseeable and unforeseeable plaintiffs - Next Generation Bar Exam

1. What is the attractive nuisance doctrine?

   A possessor must use reasonable care to protect trespassing children from artificial conditions they are unlikely to appreciate. The possessor must know or have reason to know children are likely to trespass.

2. What duty arises when a person voluntarily undertakes to aid another?

   A duty to act with reasonable care in performing the undertaking. The rescuer may be liable for leaving the victim worse off.

3. What is the duty owed to a licensee by a land possessor?

   To warn of or make safe known dangerous conditions the licensee is unlikely to discover. Social guests are licensees.

4. What is the general rule on a duty to rescue?

   There is no general duty to rescue a stranger in peril. Exceptions arise from special relationships, the defendant's creation of the peril, and undertakings.

5. A dinner guest trips on a loose step the host knew about but did not mention. What duty did the host owe?

   To warn of the known hidden danger. A social guest is a licensee.

6. Which special relationships commonly create a duty to protect others?

   Common carrier and passenger, innkeeper and guest, employer and employee, and school and student. Landowners owe similar duties to business invitees.

7. Under the Cardozo majority view in Palsgraf v. Long Island Railroad, to whom is a duty of care owed?

   Only to plaintiffs within the foreseeable zone of danger. A plaintiff outside the zone of danger has no negligence claim.

8. What is the duty owed to an undiscovered trespasser?

   Only a duty to refrain from willful and wanton conduct. Duties increase for discovered and anticipated trespassers.

9. A child trespasses into a construction site and is injured on an unfenced excavation the contractor knew children frequented. What doctrine supports the child's claim?

   The attractive nuisance doctrine. The contractor knew children were likely to trespass on a dangerous artificial condition.

10. What is the duty owed to an invitee by a land possessor?

    Reasonable care, including inspecting for and making safe or warning of dangers. Invitees include business visitors and members of the public on land open to the public.

11. Under Tarasoff v. Regents, what duty may a therapist owe to a third party?

    To use reasonable care to protect an identifiable victim of a patient's serious threat of violence. Many states have codified or limited the duty by statute.

12. What is the rescue doctrine?

    A defendant who negligently imperils someone owes a duty to a foreseeable rescuer. Danger invites rescue.

13. Under the Andrews dissent in Palsgraf, to whom is a duty of care owed?

    To everyone harmed as a proximate result of the negligent act. Andrews treated foreseeability as a proximate cause issue rather than a duty issue.

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