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Simple English definitions for legal terms
special-duty exception
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A quick definition of special-duty exception:
Special-Duty Exception: This is a rule that says sometimes, even if the police or other people who are supposed to protect us don't do their job, they can't be sued for it. This rule is also called the special-duty doctrine or the special-errand doctrine.
A more thorough explanation:
The special-duty exception refers to a legal doctrine that allows individuals or organizations to be held liable for failing to protect someone from harm, even if they do not have a general duty to do so. This exception applies when a special relationship exists between the parties involved, such as an employer-employee relationship or a school-student relationship.
- If a school fails to provide adequate supervision for students during a field trip and a student is injured, the school may be held liable under the special-duty exception.
- If an employer fails to provide proper safety equipment to an employee and the employee is injured on the job, the employer may be held liable under the special-duty exception.
These examples illustrate how the special-duty exception can be applied in situations where a special relationship exists between the parties involved. In both cases, the school and the employer have a duty to protect their students and employees, respectively, from harm. If they fail to do so, they may be held liable under the special-duty exception.