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At common law, a person does not generally have an affirmative duty to control the conduct of another. An exception to this rule exists when a special relationship between parties is sufficient to establish a duty of care. Such a duty can be symmetrical (husband-wife) or asymmetrical (adult-minor, doctor-patient). The nature of the relationship determines the nature of the duty owed.
Tarasoff lays out the doctrine and arguments for and against the rule. Broadbent focuses on whether parents have a duty to protect their children from hurting themselves. Hawkins shows the bounds of a doctor’s duty to her patient, including the recurring theme of foreseeability of harm to a known plaintiff. The contrasting approaches in Charles and Kelly show the majority and minority (New Jersey) rules for social host liability. Einhorn discusses the landlord-tenant relationship and the limits of the duty within it. The extent to which the owner-invitee relationship requires protecting invitees from third party criminal acts is explored in Boyd.
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MAKE ALL NOTES PUBLIC (2/2 playlist item notes are public) MAKE ALL NOTES PRIVATE (0/2 playlist item notes are private)1 | Show/Hide More | Duty Arising from and Limited by Special Relationships |
1.1 | Show/Hide More | Tarasoff v. Regents of University of California--"The Psychiatrist's Failure to Warn the Murder Victim" |
1.2 | Show/Hide More | Broadbent v. Broadbent--"The Elimination of Parental Immunity Case" |
1.3 | Show/Hide More | Hawkins v. Pizarro--"The Failure to Correctly Report Hepatitis C Test Results" |
1.4 | Show/Hide More | Einhorn v. Seeley--"The Locksmith's Failure to Properly Install a Lock" |
1.5 | Show/Hide More | Boyd v. Racine Currency Exchange--"The Non-Compliant Bank Teller and the Murdered Hostage" |
2 | Show/Hide More | Controlling the Intoxicated |
2.1 | Show/Hide More | Kelly v. Gwinnell--"The Don't let Friends Drink and Drive Case" |
2.2 | Show/Hide More | Charles v. Seigfried--"The Tragic Fate of the Minor Guest" |
July 24, 2017
Samantha Bates
Research Associate
Harvard Law School, Berkman Center
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