Torts Semester Two

Question 1

The Classical Rule (No Duty to Act)

Answer 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. Persons who do come to the aid of others in peril are under a duty to exercise reasonable care.

Question 2

Modern Doctrine Regarding Duty

Answer 2

The modern doctrine is typically thought to accept the same general rule as classical doctrine - no duty to act - but to recognize a large number of distinct circumstances in which exceptions to that general rule take hold.

Question 3

Exceptions to “No Duty to Act”

Answer 3

1. Assumed Duty
2. Custody
3. Control

Question 4

Assumed Duty Exception

Answer 4

In assumed duty cases, defendants are held to have duties to act - to rescue or to protect persons whose peril they are not legally responsible for creating - because they have deliberately or inadvertently brought that responsibility upon themselves.

Question 5

Custody Duty Exception

Answer 5

Custody cases involve an exception to the “no duty to act” rule justified by the dependence of the person in custody on the care and protection of the party with custody.

Question 6

Control Duty Exception

Answer 6

Where the defendant has control over the instrumentality that is causally - though not culpably - responsible for the plaintiff’s injury and, having exclusive control over that instrumentality, is the only party in a position to mitigate the harm to plaintiff. (Ayres case). (J.S case also demonstrates this idea because while the defendant may not have control over her spouse, there is a persuasive argument that spouses of pedophiles may be uniquely positioned to protect children from harm caused by those pedophiles.)