Duty (Not a Military Post)

The first element of civil negligence is "duty." The concept is that in order for one to be negligent toward another, there must be something in which they were negligent.

Some duties are assumed (a caretaker), and some are contracted (landlord/tenant). Most duties, however, fall into the category of "due care." Most people in everyday situations are supposed to exercise "due care" in what they're doing. It helps stops useless lawsuits, too; if someone I've never met gets into a car accident in another state where I've never been, I don't owe that person a duty (and they'd be well-advised not to sue me).

Of course, determining whether someone owes someone else "due care" or some other duty is also important, because it helps to gauge whether there's been a breach of that duty.