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Cases cited for the legal proposition you have searched for.

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1

.... Our Supreme Court has never adopted Section 318, Restatement (Second) of Torts, and we decline to do so. The adoption of Restatement (Second) of Torts, Section 318 would impose a...trial court's refusal to charge their special requests 1 and 2 as reversible error. Plaintiffs' first request was that the trial court charge Restatement (Second) of Torts, § 318, which in pertinent...(Second) of Torts, Section 318. Further, we are unable to find a case, and have been cited to none, which holds that the property owner has the duty to control the conduct of guests on his premises...


Court: Court of Appeals of Tennessee. Eastern Section, at Knoxville.
Date: Oct 26, 1992 Cited By: 33
2

.... We are aware that Restatement (Second) of Torts section 318 (1965), recognizes certain duties of reasonable care for a possessor of land to control the conduct of licensees upon its...another. Id. Plaintiffs urge that Hy-Vee falls within an exception to this rule as explained in Restatement (Second) of Torts section 315 (1965). This section provides...the assailants. Restatement (Second) of Torts section 314A comment c specifically states as follows: The rules stated in this Section apply only where the...


Court: Supreme Court of Iowa.
Date: Aug 25, 1993 Cited By: 7 Coram: 1
3

...court instructed the jury based on the principles of section 318 of the Restatement (Second) of Torts (1965). The jury returned a verdict finding the guest had been injured as a result of the host's...directed verdict. Morgan, on the other hand, claimed that Perlowski owed him a duty to exercise reasonable care to control the conduct of third persons as recognized in section 318 of the Restatement (Second) of Torts. Perlowski...." Leonard, 491 N.W.2d at 511. A. Pleadings. Here Morgan's initial petition was framed upon the principles of section 342 of the Restatement (Second) of Torts. He alleged six unknown guests constituted a dangerous condition known to the defendant but hidden from him. Before resting his case, Morgan amended his petition to include the elements of a claim under section 318 of...


Court: Supreme Court of Iowa.
Date: Nov 24, 1993 Cited By: 32 Coram: 1
4

...HOME, seeking recovery under the following legal theories: (1) general negligence; (2) negligent failure to control the use of property under Restatement (Second) of Torts section 318 (1965); (3...." Pierce v. Staley, 587 N.W.2d 484, 487 (Iowa 1998). There are exceptions to this rule, however. Id.; see also Restatement (Second) of Torts §§ 315-320. One such exception, under which Zachary seeks to impose liability on HOME, is based on section 318 of...the Restatement (Second) of Torts, which relates to the duty of a possessor of land to control the conduct of a licensee so as to prevent harms to others. In Pierce, our supreme court emphasized "the requirement, found in the text of Restatement section 318, that...


Court: Court of Appeals of Iowa.
Date: May 29, 2009 Cited By: 1 Coram: 1
5

...Sections 318, 343 and 344 of the Restatement (Second) of Torts. Section 318 provides...." Appellant's other contentions, based upon sections of the Restatement other than Section 318, we find to be equally without merit. Sections 416 and 427 of the Torts Restatement...by two inspectors, put the defendant in possession within the meaning of Restatement Section 318, and subject to the obligations of possessors of land, as this section was "adopted as law and applied...


Court: Supreme Court of Pennsylvania.
Date: Dec 20, 1971 Cited By: 34 Coram: 1
6

...violations. Plaintiff seeks to avert the defendants' statutory immunity from social-host liability relying on the principle set forth in Restatement (Second) of Torts section 318 (1965...generally a property owner is not liable under section 318 of the Restatement for injuries off the premises that are directly caused by actions occurring off the premises. Plaintiff...the first and second specifications and the deaths of Samantha and Amanda is Graham's intoxication. Thus, these two allegations of breach of duty clearly fall within the immunity provided by section...


Court: Supreme Court of Iowa.
Date: Dec 18, 2002 Cited By: 8 Coram: 1
7

...denying her motion to reconsider. Patricia claims on appeal that the trial court erred in concluding that this State has not adopted section 318 of the Restatement (Second) of Torts (1965...section 318 of the Restatement (Second) of Torts. Count III alleged common-law negligence against Ruppel. Spangler moved to dismiss count II, pursuant to section 2-615 of the Code of Civil Procedure...(Second) of Torts, § 318." Section 318 of the Restatement (Second) of Torts provides: "If the actor permits a third person to...


Court: Appellate Court of Illinois, Second District.
Date: May 6, 2011 Cited By: 17 Coram: 2
8

...enforcement or appeal required by Supreme Court Rule 304(a) (87 Ill.2d R. 304(a)), plaintiff has appealed. Plaintiff relies upon section 318 of the Restatement (Second) of Torts (1965) and..., 439 N.E.2d 1319; Ill. Rev. Stat. 1983, ch. 110, par. 2-612. Section 318 of the Restatement (Second) of Torts, entitled "Duty of...person, and (b) knows or should know of the necessity and opportunity for exercising such control." Restatement (Second) of Torts, sec. 318 (1965). No Illinois case has adopted section 318...


Court: Appellate Court of Illinois, Second District. Judgment affirmed.
Date: Nov 1, 1985 Cited By: 19 Coram: 1
9

...plaintiff would find additional support for his action under the principle of liability expressed in section 318 of the Restatement (Second) of Torts (1965...." (1 J. Dooley, Modern Tort Law sec. 23.01, at 613 (1982).) In support of his action here the plaintiff cites the general principle of liability found in section 308 of the Restatement (Second) of... (b) knows or should know of the necessity and opportunity for exercising such control." It should be noted that section 318 requires that the "actor...


Court: Supreme Court of Illinois.
Date: Apr 18, 1986 Cited By: 83
10

...have over their guests. Id. Section 318 of the Restatement (Second) of Torts, does not impose a legal obligation on the defendants to test that ability.... Section 318 of the Restatement (Second) of Torts (1965) states: "If the actor permits a third person to use land or chattels in his...O'Flynn v. Powers, 38 Mass. App. Ct. 936, 937 (1995). The principles expressed in the Restatement (Second) of Torts § 318 (1965), set forth below, also do...


Court: Supreme Judicial Court of Massachusetts. Essex.
Date: Jun 15, 2000 Cited By: 72
11

...subject to those obligations of possessors of land set forth in Restatement of Torts (Second) § 318. This section of the Restatement has been...him as an invitee under § 318 of the Restatement, supra. "§ 318. Duty..., 430 Pa. 21, 240 A.2d 825 (1968), wherein the court applied the principles contained in § 318 of the Restatement. In...


Court: United States Court of Appeals, Third Circuit.
Date: Apr 2, 1971 Cited By: 51 Coram: 1
12

... (b) a special relation exists between the actor and the other which gives to the other a right to protection. Restatement (Second) of Torts § 315 (1965). Section 318 of...general principles of tort law, including three provisions in the Restatement (Second) of Torts and principles of negligent entrustment and negligent supervision. Plaintiffs reassert these generalized.... Section 379A of the Restatement of Torts states: A lessor of land is subject to liability for physical harm to...


Court: United States Court of Appeals, First Circuit.
Date: Aug 7, 2007 Cited By: 64 Coram: 1
13

.... Morgan v. Perlowski, 508 N.W.2d 724, 726 (Iowa 1993). There are exceptions to this general rule, however. See Restatement (Second) of Torts §§ 315-320; Leonard, 491 N.W.2d at 510-12. We recently recognized one such exception, based on section 318 of...the Restatement (Second) of Torts, in Morgan v. Perlowski. It is under this exception that Pierce brought suit. Section 318 provides...scene of the assault entitled her to a directed verdict. See Restatement (Second) of Torts § 318 (1965). Nevertheless, we find this issue is raised by her assertion that she had neither the...


Court: Supreme Court of Iowa.
Date: Dec 23, 1998 Cited By: 25 Coram: 1
14

...). Section 525 of the Restatement (Second) of Torts (1977) states: "One who fraudulently makes a misrepresentation of fact, opinion, intention or law for the purpose of inducing another to act or to refrain..., 130 Me. 440, 443, 157 A. 318 (1931). However, in the same case, we stated: "The relationship of the parties or the opportunity afforded...of fact that which under ordinary circumstances would be merely an expression of opinion." Id. at 444, 157 A. 318 (citations omitted...


Court: Supreme Judicial Court of Maine.
Date: Aug 6, 1990 Cited By: 32 Coram: 1
15

...accompanies that section. Restatement (Second) of Torts § 402A, at 348, 356-57 (1965). This is an advanced doctrine for any court to adopt...§ 2-318, Comment 3. Restatement (Second) of Torts § 402A, at 354-55 (1965). Appellant's last.... denied, 379 U.S. 904, 85 S.Ct. 193, 13 L.Ed.2d 177 (1964). The controversial element of the charge is that it accepts the Restatement (Second) of...


Court: United States Court of Appeals, Second Circuit.
Date: Mar 10, 1970 Cited By: 46 Coram: 1
16

...various fraternity members. Shaheen argues for an imposition of liability upon LXA House Corp. by way of the Restatement (Second) of Torts § 318. This Section provides...) knows or should know of the necessity and opportunity for exercising such control. Restatement (Second) of Torts § 318 (1965) (emphasis added). It.... However, certain "special relationships" give rise to a duty to supervise and control. For example, the Restatement (Second) of Torts recognizes the relationship between parent and minor child...


Court: United States Court of Appeals, Sixth Circuit.
Date: Aug 31, 2010 Cited By: 11 Coram: 3
17

...argued that sections 318, 344, and 390 of the Restatement (Second) of Torts (Restatement (Second) of Torts §§ 318, 344, 390 (1965)) support her contention that a jury could find defendant negligent. Each section identifies...careless or criminal conduct by third persons, based on the place or character of his business or his past experience. Restatement (Second) of Torts § 344, Comment f, at 225-26 (1965). According to the statement of law in section 318, "If...dangerous under particular conditions or situations, the actor has a duty to exercise vigilance "only if there is a reasonable probability that such a condition or situation will arise." Restatement (Second) of Torts § 318, Comment c, at 128 (1965). It is apparent from the comments following each section discussed...


Court: Appellate Court of Illinois, Fifth District.
Date: Feb 10, 2003 Cited By: 4 Coram: 1
18

...." Restatement (Second) Torts § 318 (1965). Even if this case would not fit precisely under the rubric of § 318, that section is consistent with our conclusion that the duty we impose...the instrumentality was not considered highly dangerous. Cf. Restatement (Second) of Torts, supra at § 318 comment c ("If one in possession of land permits a third person to conduct an activity...court's discussion in the Andrade decision regarding the inapplicability of the Restatement (Second) Torts, supra at § 318. In...


Court: Supreme Judicial Court of Massachusetts. Worcester.
Date: Jun 30, 2006 Cited By: 243 Coram: 1
19

..., 492 N.E.2d 1340, 1342, quoting Restatement (Second) of Torts § 308, at 100 (1965).) The supreme court also referred to section 318 of the...safely operate it. In support of his action, plaintiff quoted section 308 of the Restatement (Second) of Torts (Restatement (Second) of Torts § 308, at 100 (1965)), which says...actions are exclusive to third-party plaintiffs. Plaintiff cites section 390 of the Restatement (Second) of Torts (Restatement (Second) of Torts § 390 (1965)) for the proposition...


Court: Appellate Court of Illinois, Fourth District. Reversed and remanded.
Date: Jul 18, 1989 Cited By: 25 Coram: 1
20

...instruction based on the Restatement of Torts (Second) § 318 (1965). That section, in pertinent part, states: If the actor permits a third person to use land...was working as a sheetrock taper on a construction project at the Sundowner Hotel in Reno. Newcomb had been taping sheetrock on the second floor of the building. After lunch he was working on the first...keep the safety enclosure in place was resolved by removing the north "wall" of the safety enclosure with a cutting torch. Before the operating permit inspection, a section of cyclone fence was...


Court: Supreme Court of Nevada.
Date: Apr 25, 1985 Cited By: 5

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