The Duty of Care and its Breach 1. The duty of all persons to . Failure to exercise due care, which is normally determined by . constitutes the tort of neghgence. 2. The Duty to Landowners a) Landowners generally have no duty to trespassers, but landowners cannot actively harm trespassers active some privilege (such as self-defense) b) If the person is a licensee (someone who has a license to be on the property), the landowner must warn him/her of hidden defects on the property. c) If the person is a business invitee, dened as , the landowner must 3. The Duty of Professionals a) In determining whether professionals have exercised reasonable care, the law b) If a professional violates his/her duty of care toward a client, the professional may be sued for