MBE Rules · Torts
Duty to Control Third Persons
Tarasoff — duty to control
The rule
Special relationships create duties to control or warn: therapists must protect identifiable victims of a patient's credible threats, parents must control children with known dangerous tendencies, and employers must control on-premises employees.
In plain English
The Duty to Control Third Persons rule states that certain relationships create an obligation to prevent harm to others by controlling individuals who may pose a danger. This includes therapists needing to protect identifiable victims from a patient's threats, parents managing their children's behavior, and employers overseeing their employees' actions on the job.
Worked example
A therapist learns that a patient has made credible threats against a specific individual. The therapist has a duty to warn the potential victim and take steps to prevent harm. If the therapist fails to act and the patient harms the victim, the therapist may be held liable for not fulfilling their duty.
Memory hook
Control your crew, or face the due!
The trap
Exams may present scenarios where the relationship is ambiguous, leading students to overlook the duty to control or warn. Students might mistakenly believe that a duty exists only in clear-cut cases.
How examiners test it
Questions often involve fact patterns with identifiable victims and relationships, testing whether the candidate recognizes the duty to control or warn based on the specific relationship dynamics.
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