Affirmative duty to act Flashcards
1
Q
In general, is there an affirmative duty to act?
A
No
2
Q
Under what 4 circumstances will a duty to act arise?
A
1) If defendant places victim in danger;
2) Defendant has special relationship with victim (common carrier/passenger, innkeeper/guest, family members)
3) Duty imposed by law
4) Begins to administer aid (must use reasonable care in doing so or may be liable).