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DUTY FLOWCHART                   duty to act reasonably EXCEPT: NO is the D owner of land? if yes what category is the P in? YES Was there an affirmative act? NO Nonfeasance NO DUTY YES YES   Trespasser: only duty to not act reckless and refrain from intentional harm was there injury? Did D create position of peril/ decide to offer assistance (undertaking) Was there a special relationship? ship captain, common- carrier. psychotherapist, *landlord(when in spec. sit. to solve prob, *Dr. in spec. sit. to help NO YES YES   Licensee: duty to refrain from wanton negligence or willful misconduct, "takes land as is" NIED: what cat. does P fall in? DUTY     Invitee: duty to exercise reasonable care to protect against danger miss- was the P in the "zone of danger?" they have a close relationship to the injured?   Privity limitation: P is not in K with D is there pure economic loss? DUTY     is K b/w 3rd party and municipality? YES NO DUTY EXCEPTION: for fisherman rule- DUTY     Factors to consider: 1. extent to which K meant to affect P 2. forgeability of harm to P 3. deg of certainty that P suff. inn. 4. closeness of D's conduct to inn. 5. moral blame 6. policy of prev future harm DUTY