Friday, March 23, 2012

TARASOFF V. UC REGENTS case brief

TARASOFF V. UC REGENTS

• Defendant Dr. Moore is a psychologist at UC treating Podder.
• Podder tells D he’s going to kill Tarasoff
• D tries to talk him out of it, then releases him.
• Podder kills Tarasoff
• Tarasoff’s family sue Moore for breach of duty of care: didn’t warn her.
Issue: does def owe pl duty of care?
ROL: avoidance of foreseeable harm which requires the control of another’s behavior requires some special relationship with the dangerous person.
• in this case violence was foreseeable and thus there was a duty of care.
• ruled in favor of Tarasoffs

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