No duty exists where the relationship is one of master and servant, or where the individual holds office at the pleasure of the authority.
On the other hand, a duty to act fairly exists where the individual cannot be removed from office except for cause.
This obviously begs the question of when a duty exists.
A duty to operate does not exist unless written into the lease or obviously in line with the intent of the lease.
Previously the 'duty of care' had only existed for farm animals.
"The Court of Appeals has said that a duty might exist," she said.
An "ancient duty" on the export of wool had existed since 1275.
Once a duty exists, the plaintiff must show that the defendant breached it.
Moreover that case established that the duty still exists even if by reporting the conduct the reporter incriminates himself.
The question of whether a duty of care exists is not in dispute.