...recognize that "duty," in this case duty to teach nonnegligently, is a conclusory term. Prosser writes: "The statement that there is or is not a duty begs...protection against the defendant's conduct. ... It is a shorthand statement of a conclusion, rather than an aid to analysis in itself. ... It should be recognized...

...defendant. "Negligence in the air, so to speak, will not do."1 As Professor Prosser has emphasized, the statement that there is or is not a duty begs the essential question, which is whether the plaintiff's interests are entitled to legal protection against the defendant's...

...916. "The assertion that liability must . . . be denied because defendant bears no 'duty' to plaintiff 'begs the essential question — whether the plaintiff's...legal protection against the defendant's conduct. . . . [Duty[ is not sacrosanct in itself, but only an expression of the sum total of those considerations...

...there is a duty of care . . . whether a duty is owed is simply a short hand way of phrasing what is the essential question — whether the plaintiff's interests are entitled to legal protection . . .". Comparatists should rejoice at such sentences and treat them as the literary equivalents of...

...728: "The assertion that liability must ... be denied because defendant bears no 'duty' to plaintiff 'begs the essential question — whether the plaintiff's...to legal protection against the defendant's conduct [Duty] is not sacrosanct in itself, but only an expression of the sum total of those considerations...