These notes are only meant to provide some basic guidelines on what duty of care and negligence are according to the law. They are not meant to be advice. If you are considering embarking on legal action you should consult an ethical and publicly accountable lawyer.
Professionals owe specific d.o.c. to clients by virtue of that special relationship.
Does not depend on contract. Stranger can watch a child drown, but person in loco parentis cannot. 2 Negligent action or omission. Has to fall short of the standards reasonably expected of a person in the position of the defendant. Obtaining consent is included.