Felicity owns her home. The front step has rotted and the wood cracks as Debbie climbs the stairs. Debbie breaks her ankle as a result. Describe the duty of care Felicity would owe to Debbie in each of these situations: 1. Debbie was entering to attend a home décor party that Felicity was having; 2. Debbie was invited to Felicity’s house for dinner; 3. Debbie was climbing the steps to steal Felicity’s bike that was on the porch.
What will be an ideal response?
Debbie may sue Felicity for negligence, and must prove Felicity owed her a duty of care. The duty arises from the relationship, which includes those persons that the defendant could have reasonably foreseen would be damaged by his negligent act or omission. An owner of land owes different duties to those who come upon his land. If Debbie was entering the home for a business person, she would be an invitee. If the plaintiff is an invitee, the owner owes him the duty to inspect the premises to keep them reasonably safe and to warn of any known dangers. If Debbie had been invited to dinner, she would be a guest who enters the land with the consent of the owner. The property owner owes a guest the duty to warn of any dangerous conditions, but is not required to take reasonable care to inspect the property. If Debbie was a trespasser, Felicity owes the duty to not willfully or intentionally injure a trespasser.
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What is a common-law marriage?
Fill in the blank(s) with the appropriate word(s).
A typical law firm has which of the following types of files?
a. Client files b. Work product files c. Forms files d. Personnel files e. All of these choices are correct
Duty of care means
a. failure to act like a reasonable person b. an obligation to conform to a standard of conduct prescribed by law. c. an obligation not to injure others or their property d. failure to prevent causing harm to others
Which of the following is the BEST statement of how liabilities are treated upon divorce?
A) The parties work out their own way of paying off their debts as the courts are more concerned with the division of assets. B) Responsibility for liabilities is usually addressed in the same manner as the division of assets: by premarital agreement, separation agreement, or court order. C) Whichever party incurred the debt has to pay it off if the debt was incurred for marital purposes. D) Responsibility for marital and separate debt is automatically divided equally upon divorce.