Duty

Duty

An injured person must prove that someone owed him or her a specific duty to to behave with the degree of care that a reasonably prudent person would have exercised in similar circumstances, not merely a general duty to act reasonably.

A duty is owed only to those who could (foreseeably) be injured as a result of his or her breach of duty,

Lack of experience / mental deficiency is not considered.

  • Example :  A driver on a public roadway owes a duty to all other lawful users of the roadway to operate his or her vehicle in a reasonably prudent manner under the circumstances.
  • Example :  A school owes a duty to the students to supervise them in a reasonable manner.
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