Tort Law: Duty in Negligence

Importance of Negligence

• Negligence makes up about 50% of tort questions on exams.
• Main focus of study for tort law should be on negligence.

Four Elements of a Tort

1. Duty
2. Breach of Duty
3. Causation
4. Damages

Understanding Duty

• Definition: Legal obligation to do something; failure leads to legal responsibility.
• Contract Example: Duty to fulfill promises in a contract.
• Tort Duty: Take due precautions to minimize harm to foreseeable victims.

Foreseeable Victims

• Duty extends only to foreseeable victims.
• Example: Palsgraf v. Long Island Railroad Co.
  • Workers pushed a passenger who had fireworks.
  • Explosion led to injury of Mrs. Palsgraf.
  • She was not a foreseeable victim, so no duty was owed.

Failure to Act

• Can constitute a breach of duty.
• Driving Example: Duty to brake to avoid hitting someone.
• Special Relationships: Common carriers, innkeepers have duty to protect.
  • Example: Protect guests during a storm.

Rescue Situations

• Generally, no duty to rescue unless:
  • Defendant caused the situation.
  • Example: Setting a trap which the plaintiff falls into.

Duty to Control Third Parties

• Arises from special relationships.
• Common carriers, innkeepers, and landlords may have duties to prevent criminal acts.
  • Precautions like cameras, lighting, etc.

Summary of Duty in Negligence

• Duty is about being cautious and taking due care.
• Duty applies only to actions affecting foreseeable victims.
• Various special relationships influence the scope of duty.