For Your Data Kline V. Mass. Ave. Representative Brief Summary
February 23, 2019
Edit
Kline v. Mass. Ave. illustration brief summary
F: P, a lessee of D, seriously injured when criminally assaulted/robbed inwards mutual hallway of bldg. No doorman present, although at that spot had been inwards the past times & other tenants late assaulted inwards the mutual areas.
TC ruled that at that spot is no duty on the purpose of landlord to protect his tenant from criminal acts.
I: Whether Landlord has a duty to attain got reasonable precautions to protect his tenants from assaults past times tertiary parties when landlord is inwards a lay of controlling the areas of mutual usage as well as mutual danger as well as has the ability to brand the necessary repairs or to supply the necessary protection.
R: Landlord has a duty to attain got reasonable precautions to protect his tenants from assaults past times tertiary parties when landlord is inwards a lay of controlling the areas of mutual usage as well as mutual danger as well as has the ability to brand the necessary repairs or to supply the necessary protection.
A: General Rule: No duty to guard against 3d political party criminal comport
However, this Rule non applicable hither b/c i) LL-tenant human relationship (i.e. especial relationship) ii) Incident occurred inwards mutual area. LL had potency as well as command to attain got precautions inwards these areas. iii) LL had expose of risk
C: reversed
F: P, a lessee of D, seriously injured when criminally assaulted/robbed inwards mutual hallway of bldg. No doorman present, although at that spot had been inwards the past times & other tenants late assaulted inwards the mutual areas.
TC ruled that at that spot is no duty on the purpose of landlord to protect his tenant from criminal acts.
I: Whether Landlord has a duty to attain got reasonable precautions to protect his tenants from assaults past times tertiary parties when landlord is inwards a lay of controlling the areas of mutual usage as well as mutual danger as well as has the ability to brand the necessary repairs or to supply the necessary protection.
R: Landlord has a duty to attain got reasonable precautions to protect his tenants from assaults past times tertiary parties when landlord is inwards a lay of controlling the areas of mutual usage as well as mutual danger as well as has the ability to brand the necessary repairs or to supply the necessary protection.
A: General Rule: No duty to guard against 3d political party criminal comport
However, this Rule non applicable hither b/c i) LL-tenant human relationship (i.e. especial relationship) ii) Incident occurred inwards mutual area. LL had potency as well as command to attain got precautions inwards these areas. iii) LL had expose of risk
C: reversed