What is the test for determining whether a defendant has a duty to treat a plaintiff?
California, United States of America
The following excerpt is from Clingenpeel v. Municipal Court, 108 Cal.App.3d 394, 166 Cal.Rptr. 573 (Cal. App. 1980):
2 The term "duty" is customarily used to describe the relationship between a defendant and a plaintiff giving rise to civil liability for negligence. See, for example, Bartell v. Palos Verdes Peninsula Sch. Dist. (1978) 83 Cal.App.3d 492, 498, 147 Cal.Rptr. 898, 901, where the court said:
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