rather, as the Restatement is a distillation of the common law that has developed, and is continuing to develop, in this area, § 46(b) refers to such "activities, undertakings or relationships" as courts, over time, come to recognize as coming within the rule. “Although Restatements are expected to aspire toward the precision of statutory language, they are also intended to reflect the flexibility and capacity for development and growth of the common law. They are, therefore, phrased not in the mandatory terms of a statute but in the descriptive terms of a judge announcing the law to be applied in a given case.” The American Law Institute, Capturing the Voice of the American Law Institute (2005). 39 . As we explain in the text, not all relationships will give rise t 6 (D.C.1972) (<HOLDING>); Graham, 424 A.2d at 105 (recognizing duty of
recognizing duty of care owed by business invitor to invitee holding that ship owners have a duty of exercising reasonable care to protect passengers regardless of status as invitee or licensee holding that a landowner owed no duty of care to a contractors employee in the situation posed by the parties holding law enforcement owed duty similar to that owed by dshs under rcw 2644050 holding that the innkeeperguest special relationship simply is not applicable to the potential duty of care owed to a business invitee