In a special relationship, what is "duty of care"?

Prepare for the Torts Bar Exam with an interactive quiz. Utilize comprehensive flashcards and diverse questions, each paired with hints and detailed explanations. Master your understanding and ensure success!

In the context of a special relationship, a "duty of care" is characterized by a heightened obligation to act in the best interest of another. This concept arises in various scenarios, such as between parents and children, doctors and patients, or caregivers and those they care for. In these relationships, one party has an obligation to ensure the safety and well-being of the other, reflecting a standard that goes beyond general societal expectations.

This heightened duty is significant because it establishes a legal framework within which individuals operating in such relationships must conduct themselves. The law recognizes that when a special relationship exists, one party has a greater responsibility to protect the interests of the other, thus creating a compelling reason for accountability should harm result from a breach of that duty. The essence of this duty lies in the trust and reliance that one party has on the other, leading to a moral and legal expectation of care and protection.

In contrast, the other choices do not accurately reflect the nature of a "duty of care" in special relationships. A low standard of care does not align with the expectations in such scenarios, where a higher standard is usually required. The right to invade someone's property and a requirement for consent are unrelated to the specific duties that arise from a special relationship

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