Duty to Third Parties

Midterm


A duty to

exercise reasonable care


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Harper v. Herman

“The Boat Owner in Shallow Water”

Farwell v. Keaton

“The Fatal Pickup Attempt”


Union Pacific Railway v. Cappier

“The Railroad that Ran Over a Man and Let Him Die”

Maldonado v. Southern Pacific Transp. Co.

“Another Railroad that Ran Someone Over”


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[fit] Tarasoff v. Regents of the University of California

“The Psychiatrist Who Didn’t Warn the Murder Victim”

[fit] Randi W. v. Muroc Joint Unified School District

“The Alleged Sexual Predator’s Recommenders”


Rowland Factors

  • foreseeability of harm
  • certainty of plaintiff’s injury
  • connection between defendant’s conduct and plaintiff’s injury
  • moral blame
  • policy of preventing harm
  • burden to defendant
  • consequences to community
  • availability of insurance