Duty
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether Defendant owed the plaintiff a duty of care.
Analysis
R: The analysis of duty asks two questions: (1) Did the defendant owe the plaintiff a duty of care? (2) If a duty was owed, what standard of care did the duty impose?
1. Did the defendant owe the plaintiff a duty of care?
R: Generally, people acting reasonably prudently have no duty to act affirmatively to prevent harm or to assist another person in distress. The defendant may owe the plaintiff a duty if the defendant (1) failed to act as a reasonably prudent person, (2) voluntarily aided or rescued the plaintiff, (3) placed the plaintiff in peril, (4) entered into a contract with the plaintiff, (5) had the authority to control the plaintiff, or (6) has a special relationship with the plaintiff. (The duty may also be imposed (7) by statute, in which case, liability for the defendant’s conduct is established by Negligence Per Se.)
[] I need to figure out if landowners, landlords, tenants, common carriers, etc. are included in the above list somewhere, or should be added.
A: Here, Defendant likely [enter 1-7] as [state facts relevant to supporting the selected defendant conduct] .
a. [Likely Defendant Type]
R: [Insert rule for the selected duty option from below.]
A: Here, [apply rule to facts].
C: Therefore, Defendant indeed [enter 1 – 7] and [owed/did not owe] Plaintiff a duty.
2. If a duty was owed, what standard of care did the duty impose?
R: [Insert rule for the selected duty option from below.]
A: Here, [apply rule to facts].
Conclusion
C: Therefore, Defendant [owed/did not owe] the plaintiff a duty of care.
Duty/Standard of Care Options
Failure to Act Reasonably Prudently (Most Commonly Used)
R: Under the majority view, to prove the defendant owed the plaintiff a duty, the plaintiff must show (1) the defendant failed to act reasonably prudently and (2) the plaintiff was within the zone of foreseeable harm of such conduct.
R: Under the minority view, to prove the defendant owed the plaintiff a duty, the plaintiff must show that the defendant (1) failed to act reasonably prudently and (2) the defendant could foresee harm to anyone. (This reserves the foreseeability of the particular plaintiff to proximate cause.)
Voluntary Aid
R: To prove the defendant owed the plaintiff a duty, the plaintiff must show that (1) the defendant voluntarily aided or rescued the plaintiff and (2) he failed to act with reasonable and ordinary care in providing that aid or rescue. [Standard of Care]
Place Another in Peril
R: If the defendant places another in peril, he has a duty to exercise reasonable care to prevent further harm by rendering care or aid. [Standard of Care]
Contract
R: The defendant must perform contractual obligations with due care. [Standard of Care]
Authority
R: A defendant with actual ability and authority to control another has an affirmative duty to exercise reasonable control. [Standard of Care]
Special Relationship
R: A defendant with a unique relationship to the plaintiff may have a duty to protect, aid, or assist the plaintiff and to prevent reasonably foreseeable injury to the plaintiff from third parties. [Standard of Care]
Statute
R: A statute imposing an obligation to act for the protection of another but not expressly or impliedly creating or rejecting a private cause of action may give rise to an affirmative duty to act. [?]
Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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