Knaubs of Negligence
An actor ordinarily has a duty to exercise reasonable care when the actor's conduct creates a risk of physical harm.
What is Restatement 3d Section 7?
When an actor's prior conduct, although not tortious, creates a continuing risk of physical harm, the actor has to exercise this to prevent or minimize the harm.
What is reasonable care?
A beautiful name or a non-possessory right that looks like an easement but may be revokes anytime.
What is a license?
The classification of a firefighter.
What is an implied licensee?
A is given the right to enforce a restriction on the use of B’s land
What is a negative servitude?
Whenever an actor is confronted with this situation requiring a rapid response, it may be taken into account in determining whether the actor's resulting conduct is that of a reasonbly careful person.
Emergency
A common carrier, an innkeeper, and a school with their respective patrons has this.
What is Duty based on special relationship with another?
This interest that requires open and continuous use gives rise to rights of use, such as rights of way and other easements, but title to the land remains with the owner.
What is a prescriptive easement?
You cannot conduct willful or wanton harm on these individuals when they show up uninvited.
What are trespassers?
This is what a landowner gets whenever the government takes land for public use.
What is fair market value?
The conduct of an actor with this condition is negligent only if the conduct does not conform to that of a reasonably careful person with the same condition.
What is a physical disability?
A mental health professional with patients has this.
What is duty to third parties due to special relationship with person posing risk?
There are the two general ways that an easement ends by expiration.
What is specific time elapses or purpose elapses?
The classification of your mailman.
What is an invitee.
Under this approach, for either the benefit or burden to run, a successor must only have privity with an original covenanting party.
What is the modern approach to covenants?
When an actor's tortious conduct causes harm to a person that, because of a preexisting physical or mental condition, is worse than the harm caused to someone without that condition, the actor is this.
What is Liable
An actor who undertakes to render services to another and knows or should know about the risk assumes this.
What is duty based on undertaking?
When the dominant and servient estates combine.
What is a merger?
The duty given to invitees.
What is duty of reasonable care?
Writing, Intent, notice, privity of estate and this element are established to prove a real covenant.
What is touch & concern?
If plaintiffs can demonstrate that the marketing and sale of a product caused their harm, they have a strong claim for compensation under this.
What is market share liability?
When this requires an actor to act for the protection of another, the court may rely on it to determine scope of duty.
What is a statute?
A promise concerning the use of land.
What is a covenant?
The duty given to social guests.
What is known but hidden dangers?
This creates a new servitude which did not exist before as an independent interest.
What is a reservation?