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Restatement 2d Torts § 315

VIEWS: 180 PAGES: 2

									                                Hypothetical 1

A is the parent of 17-year-old B who suffers from paranoia and has a record of
violent tendencies. A loans B his loaded firearm as A believes all kids should
know how to protect themselves. When B is alone later, he walks down the
street and shoots π. π wants to sue A for negligence.

                                Hypothetical 2

B, a newly released parolee with a history of violence toward children, does not
appear at A’s halfway house as expected. Though it would have been
extremely easy for A to call the police or prison and inform them that B has
not appeared, A negligently fails to do so. π is attacked by B one week later. π
wants to sue A for negligence.

                                Hypothetical 3

B is a potential tenant looking for a house to rent. He finds one rented by A
and tells A that he has a vicious pit bull dog. Because B has been ejected from
previous houses, because of his dog, B wants an airtight lease, for which he is
willing to pay above-market rent. A rents the house to B. The lease contains
no provisions under which A can control the property or B’s activities on the
property. And A is not permitted to terminate the lease until at least 6 months
have passed. One month after moving in, B’s dog attacks π, a neighbor. π
wants to sue A for negligence.

                                Hypothetical 4

B is employed by A, a repair service. A knows that B has had several episodes
of assault in his previous employment. π calls A for repairs in her house, and B
is dispatched to do the work. The repair work is done. B comes back a week
later, misrepresenting to π that he was there on business to check the repairs
previously made. After π lets him in, B attacks her. π wants to sue A for
negligence.
                     No Duty to Protect From 3d Persons

1.   Basic Rule—∂ Owes No Duty to Protect π From 3d Persons

2.   Exceptions

     a.    Statutorily Imposed Duty
     b.    Undertakings to Do So [= Promises]
     c.    Special Relationships
           i.      Between ∂ and π
                   a.      List from p. 492 as modified by me.
           ii.     Between ∂ and 3d Person
                   a.      Landlord–tenant w/right to control
                   b.      Employer–employee w/ facilitation
                   c.      Custodian–ward
                   d.      Parent–dependent, minor child
                   e.      Therapist–patient w/ actual or constructive knowledge
     d.    Negligent Entrustment
     e.    Providers of Alcohol

								
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