Key Terms
Definition
An activity that cannot be performed safely even if reasonable care is used, and which does not ordinarily occur in the
FOUR ELEMENTS required to prove
1. A contract exists between plaintiff and a third party.
Negligence differs from intentional torts
There is no intent to harm. The tortfeasor just failed to act reasonably.
General rule
People are free to act however they want as long as they don't harm others. Strangers generally don't owe each other a d
FIDUCIARY DUTY
A higher duty — act with utmost faith, trust, and candor. Applies to doctors (patients), lawyers (clients), accountants
BUSINESS DUTY TO PROTECT CUSTOMERS FROM CRIME
If a business knows (or should know) there is a high likelihood of crime on its premises, it must warn or take protectiv
BUSINESS DUTY TO PROTECT FROM FORESEEABLE HAZARDS
Businesses must quickly warn customers and fix hazardous conditions they knew about (or should have known about) — spill
Example
Modifying a lawn mower to operate as a go-kart.
Examples
Dynamite; transporting dangerous chemicals; keeping wild animals; using nuclear/radioactive materials; offshore drilling