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Zittrain Torts Playlist Spring 2013

XII. Duty to Control Others

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), and the nature of the relationship determines the nature of the duty owed. The special relationship can be with either the person whose conduct needs to be controlled (where the plaintiff would be an injured party not in a special relationship with the defendant) or a foreseeable victim (and future plaintiff) of that conduct. "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. "Cuppy" illustrates the special relationship analysis for finding a duty to control. 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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