Duty of Care

Question 1

Define “duty”

Answer 1

Duty is an obligation, to which the law gives recognition, to conform to a standard of conduct toward another

Question 2

What is the difference between tort duty and contract duty?

Answer 2

Tort duty is imposed by law, depsite the parties intentions

Contract duty is a freely undertaken promise

Question 3

When will someone be able to avoid the duty of care?

Answer 3

an actor whose conduct has not created a risk of physical or emotional harm to another has no duty of care to the other unless a court determines that one of the affirmative duties is applicable

Question 4

What are the affirmative duties that may be applicable to determine if someone does have a duty or care where they might otherwise be able to avoid it?

Answer 4

Statute requires acting to protect
Prior conduct indicates duty
Special relationship between parties
Defendant has undertaken to help/control another