Affirmative Duty

Question 1

Gen

Answer 1

No duty to act or aid

Question 2

Is a duty when

Answer 2

a special relationship exists

Question 3

negligent actor-to-rescuer relationship

Answer 3

at c/l-negligent actor who creates a demand for rescue owes a duty tot he rescuer (regardless if foreseeable by facts)

Question 4

other statutory relationships

Answer 4

employer/employee; parent/child;spouse/spouse; common carrier/passenger; innkeeper/guest; jailer/prisoner; school/student; business/patron; social host/guest;
-custodian/dangerous person (may create 3rd party duty to who dangerous too-Tarasoff)

Question 5

special relationships predicated on CONTRACT

Answer 5

bodyguard. (Duty owed can be used for tort)

Question 6

still based on

Answer 6

reasonable forseeablity of harm in that type of scope of duty