1.Restatement 315 – There is no duty to control the conduct of a 3rd person as to prevent him from causing physical harm to another unless:
a.a special relationship exists between the actor and the third person which imposes a duty upon the actor to control the 3rd person’s conduct OR
b.a special relationship exists between the actor and the other which gives the other a right to protection.
Kline v. 1500 Mass – landlord has duty to take steps to protect tenants from foreseeable criminal acts commited by 3rd parties.
a.Colleges or Universities – Duty to exercise reasonable care on its’ property
b.Common Carriers – Duty to give utmost care
c.Condominiums – No special relationship, therefore no duty.
d.Shopping Malls – Duty in the open areas only. Inside store – No duty.
2.Tarrasoff – Tatiana Case
A.Is there a duty to protect when a (doctor, psychiatrist, lawyer, etc.) learns that client will commit injury on a 3rd party?
*In CA – yes, one may breach confidence to warn others
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Tort Law and are similar to What does Restatement 315 say about Special Relationships?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.