Affirmative duty to act Flashcards

1
Q

In general, is there an affirmative duty to act?

A

No

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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).

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