1.
Did the Pestinikas owe Joseph Kly a legal duty? (Yes or No)
a.
Yes
2.
List all the facts and circumstances that lead you to the answer in #1.
a.
They had orally promised to care of Kly’s shelter, food and medicine for
$300 a month which they continued to withdrawal from his account.
b.
Failure to act
3.
List a quote or two that influenced your answer to #1 from the majority
opinion. Identify whether you agree/disagree with the quote(s) you choose.
Save explanations for discussion, please.
a.
“Because there was evidence in the instant case that Kly’s death had
been caused by the Pestinikases’ failure to provide the food and medical
care which they had agreed by oral contract to provide for him, their
omission to act was sufficient to support a con- viction for criminal
homicide.” Agree
1.
Did Carole Ann have a special relationship with the man in her house?
(Yes or No)
a.
No
2.
List all the facts and circumstances that lead you to the answer in #1.
a.
The American bystander rule was established based on a very
similar case People V. Beardsley. In that case the court ruled that
Beardsley was not legally required to help the woman who he had
spent the weekend with while she overdosed on drugs.
b.
Special relationships are a relationship having an element of trust
arising especially when one person trusts another to exercise a
reasonable degree of care. Since Carole Ann had met him that day
to buy jewelry and had just brought him home from the bar drunk
that night, legally she had no special relationship with him.
3.
List a quote or two that influenced your answer to #1 from the majority
opinion. Identify whether you agree/disagree with the quote(s) you
choose. Save explanations for discussion, please.
a.
“ she observed that he was extremely drunk, and drove him to her
home. In so doing, she took him from a public place where others
might have taken care to prevent him from injuring himself, to a
private place—her home—where she alone could provide care”
Disagre
In
