Blackman v. Rowe

The nature of the relationship existing between the parties determines the existence and extent of the duty of care owed the plaintiff by the defendant. Sandwell v. Elliott Hospital, 92 N. H. 41, 42. The defendant, by means of newspaper advertisements and flyers, had invited the public to attend this auction of which he had full charge. In response thereto, the plaintiff, who was interested in purchasing some of the merchandise to be offered for sale, was in attendance. For the purposes of the auction the defendant assumed the position of owner or occupier of the premises in question. Frear…