Also known as: no duty · noduty · no duty rule
Written by attorneys · grounded in primary & secondary sources — see below
A legal principle establishing that a person or entity owes no obligation to control the conduct of third parties, to take affirmative steps to prevent harm, to retreat before using force, or to perform a contractual duty when performance is impracticable or when specific exceptions apply.
Noreen Nguyen owns a warehouse and employs a security guard who assaults a visitor on the premises. The visitor sues Nguyen claiming she should have prevented the attack. The court applies the rule that no duty exists to control the conduct of a third person absent a special relation, so Nguyen faces no liability for failing to intervene.
Noah Nakamura stands near a construction site when a crane collapses due to negligence by the operator. A falling beam injures Noah even though he was not in the immediate area of foreseeable risk. The court holds the operator owes no duty to Noah because he was outside the zone of danger at the time of the negligent act.
Select any source to read its text and confirm it supports the definition.
Nina Nielsen returns to her apartment and finds an intruder advancing with a weapon. She uses deadly force without first attempting to flee through another exit. The court recognizes that no duty to retreat applies when the attack occurs inside her own dwelling, so her self-defense claim proceeds.
Nathaniel Newman contracts to supply rare timber from a specific forest that unknown to him has been destroyed by fire before the agreement. Performance becomes impossible without his fault. The court determines that no duty to render performance arises because the nonexistence of the timber was a basic assumption of the contract.
Nyah Ndlovu holds an easement across Norman Nash's land for a private road. The road surface deteriorates from ordinary use. The court holds that the servient estate owner has no duty to repair or maintain the improvements used in the enjoyment of the easement.
Northstar Logistics' employee is attacked inside the company warehouse that serves as his residence during overnight shifts. He uses force without retreating. The court applies the rule that the actor is not obliged to retreat from his dwelling, preserving the justification defense.
The rule applies unless a special relation exists between the actor and the third person or between the actor and the potential victim. Absent such a relation, the actor has no obligation to prevent the third person from causing harm.
Supporting sources
A defendant owes a duty only to plaintiffs within the range of reasonably foreseeable risk at the time of the negligent act. Plaintiffs outside that zone receive no duty even if they suffer injury in fact.
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Yes. In jurisdictions that otherwise require retreat, a person attacked inside their own home has no duty to retreat even if a safe escape route exists.
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No duty arises when performance is impracticable without the party's fault because of a fact the party had no reason to know and that was a basic assumption of the contract.
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No. The holder of the servient estate generally has no duty to repair or maintain the servient estate or the improvements used in the enjoyment of the easement.
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…of Congress to request the Attorney General to apply for the appointment of an independent counsel, but the Attorney General has no duty to comply with the request, although he must respond within a certain time limit. § 592(g). Other than that, Congress' role under the Act is limited to receiving reports or other…