What is the difference between a duty to act reasonably and a duty to act?
Explanation-Beginning with the case of Eric J. v Betty M in Chapter One we have presented the common law rule that one does not have duty to act in situations in which they did not create the peril so this should be a good question for the exam as it has arisen in several chapters.
The duty to act must exist before the duty to act reasonably arises. The concept of duty to act is related what circumstances create an obligation to adhere to that standard of care related to a specific person. The rule with few specific exceptions is ". A person who has not created a peril is not liable in tort merely for failure to take affirmative action to assist or protect another unless there is some relationship between them which gives rise to a duty to act.? Eric J. v Betty M.
The duty to act reasonably is the duty to adhere to a standard of care that requires each of us to behave
as a reasonable person would behave in the same or similar circumstances. Many factors can be involved including age, relationships, status, contracts, and statutes to name but some of the factors.
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