However, other cases have held that the duty did not arise until 1790.
Now such a duty might arise either at law or in equity.
Such a special duty may arise from the circumstances and relations of the parties.
As I understand the position, the duty in negligence arose purely from the fact that the wife was also a customer of the bank.
That legal duty can arise from law, or obligation under a previous contract.
A duty to rescue arises where a person creates a hazardous situation.
Such a duty also arises where a "special relationship" exists.
The second concerns when and where a duty of confidence arises.
The jury's task is to see whether the duty arose on the facts.
Particular duties arise from each person's particular situation in relation to others.