positive conduct

 LEGISLATION CREATES A DUTY TO ACT POSITIVE

 COMMON LAW CREATES A DUTY TO ACT POSITIVE:

example - crime of treason:

 AGREEMENT CREATES A DUTY TO ACT POSITIVE

Agreement to open and close gate

CONTROL OF DANGEROUS ANIMALS AND MACHINES CREATES A DUTY TO ACT POSITIVE

 PROTECTIVE RELATIONSHIP CREATES A DUTY TO ACT POSITIVE

 OFFICIAL CAPACITY CREATES A DUTY TO ACT POSITIVE
dad will have duty to protect son
life guard has duty
but Roland will not have a duty

 PRIOR POSITIVE CONDUCT CREATES A DUTY TO ACT POSITIVE

 A COURT ORDER CREATES A DUTY TO ACT POSITIVE