Torts -- 1957 Tennessee Survey

Wade, John W.

Journal: Vanderbilt Law Review

Volume: 10

First Page: 1218

Year: 1957

Bluebook Citation: 10 VAND. L. REV. 1218 (1957)

Author: John W. Wade: all 59 publications


Abstract

One who performs an act is ordinarily under a duty to act carefully.When the defendant has acted there is seldom a problem regarding the duty to use care. But when the defendant has failed to act the question of duty raises a substantial problem.' The rule is stated that there is no duty to act, but the exceptions are many. One arises when there is a particular relationship between the parties; another, when the defendant had commenced to act. Both exceptions are involved in Union Carbide & Carbon Corp. v. Stapleton.

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