Classical Conceptions: No Duty to Act - Jan. 9

Question 1

What are the two parts of the classical “no duty to act rule”? (Feldman)

Answer 1

1. An actor who is not legally responsible for putting another in peril is not legally obligated to take any steps to prevent that other from coming to harm – no duty to act.
2. Persons who come to the aid of others in peril are under a duty to exercise reasonable care – liability for negligent rescue (Cappier).

Question 2

Under the classical rules of duty, are trespassers owed a duty of reasonable care? (Feldman)

Answer 2

No. (Cappier)

Question 3

Under the classical rules of duty, when does someone who has no duty assume a duty? (Feldman)

Answer 3

A person assumes a duty when they try to help someone and fail to do so. (Cappier)

Question 4

Under the classical rules of duty, can a third party sue someone who they do not have a contract with? (Feldman)

Answer 4

No. (Losee)

Question 5

How many parts does the classical rule of “no duty to act” have? (Feldman)

Answer 5

Two. (Cappier)

Question 6

What are the classical rule’s legal and moral justifications? (Feldman)

Answer 6

1. The person whose actions are at issue did not put the victim in peril.
2. Individual freedom would be severely curtailed by imposing a general duty to aid others whenever the benefits of doing so exceed the burdens.
3. Imposing duties to benefit others is very different than accepted tort law imposing duties not to harm others.
4. The demands of morality are too uncertain.

Question 7

Is there a duty in tort to render aid to trespassers when they are children? (Feldman)

Answer 7

No. “No duty to act” protects the free use of property.

Question 8

Do the freedom of contract and property solely benefit the property owning classes? (Feldman)

Answer 8

No. – They also protect the entrepreneurial class (both plaintiff and defendant in Yania owned strip mines).