Duties to Act Affirmatively

Question 1

Standard rule for rescue?

Answer 1

There is no legal duty to rescue.

Question 2

The Rule that there is no legal duty to rescue is/isn’t absolute.

Answer 2

Is

Question 3

What are the two exceptions to the Rule that there is no legal duty to rescue is/isn’t absolute.

Answer 3

If there is preexisting relationship b/w D and person in peril (many jurisdictions demand a formal relationship, like employer/employee, business/invitee)

If D caused the peril in the first place.

Question 4

If there is an exception to the Rule that there is no legal duty to rescue, what sort of duty does the person incur?

Answer 4

Duty becomes a duty to act as a reasonably prudent person–NOT a duty to rescue.

No need to put your own life at peril.

Question 5

If a person, who is not obligated to rescue, attempts to rescue and causes harm in doing so, does liability attach?

Answer 5

Yes. Must rescue reasonably.

Question 6

Good Samaritan Laws modify what rule?

Answer 6

Liability for injuries inflicted by rescuer.