Exam 11: Negligence: Element I: Duty

The Andrews test is broader than the Cardozo test.

Define duty in the broadest sense.

What is the difference between the zone-of-danger test of the majority opinion in Palsgraf and the world-at-large test of the dissenting opinion in Palsgraf ?

When can a gratuitous promise lead to the imposition of a duty?

An unforeseeable plaintiff is someone who was not in the zone of danger.

The duty of reasonable care requires the defendant to prevent all harm to the plaintiff.

In the law of negligence, what is the general rule on duty?

Rich is a doctor. One day while strolling in the park he sees Adam, a stranger, choking on an apple. Rich does nothing to help Adam. Adam sues Rich for negligently failing to help him.

Those who engage in gratuitous undertakings do not have a duty to exercise reasonable care.

Without a special relationship, the existence of a duty depends on affirmative conduct.

Since Good Samaritans are not paid for the help they provide, they can never be sued for negligence.

When does a duty arise in nonfeasance cases?