Others exist because of statutes, such as the Uninsured Motorist Act in the Vigils' case. Judges have created many duties down through the years. For example, courts always impose a duty of good faith and fair dealing in contractual relationships, although the agreement itself doesn't say so. Court-created duties are most common in the law of injuries to people and their property. A motorist has a duty to keep a proper lookout and to see what is there to see.
Duty is always a question of law, which means that the judge decides it.
Once a duty is established, a jury can decide whether it was breached, but only a judge can decide whether a duty exists at all. Martin Paskind is an Albuquerque lawyer. His practice emphasizes legal services to small businesses. P.O. Drawer J, Albuquerque, N.M. 87103. This column is not intended to provide legal advice to any specific person, or with respect to any particular problems or situations.