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Negligent Performance of an Undertaking
Negligent Performance of an Undertaking occurs when a party fails to exercise reasonable care in providing a service to another, resulting in an injury to a third party. The legal obligation to act with reasonable care to protect third parties is sometimes referred to as the "Good Samaritan" Doctrine.
The elements of negligent performance of an undertaking are:
- A party undertakes to render services to another, either gratuitously or for consideration;
- The services are necessary for the protection of a third party or the third party’s property;
- The party fails to exercise reasonable care in performance of the undertaking;
- Physical harm results to a third party due to that failure;
- And one of the following is true:
a. The party’s failure to exercise reasonable care increases the risk of the resulting harm, or
b. The party has undertaken to perform a duty owed by the other to the third party, or
c. The harm is suffered because of the reliance of the other or the third person upon the undertaking.