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Flashcards in Duties to Act Affirmatively Deck (6)
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1

Standard rule for rescue?

There is no legal duty to rescue.

2

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

Is

3

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

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.

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?

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.

5

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

Yes. Must rescue reasonably.

6

Good Samaritan Laws modify what rule?

Liability for injuries inflicted by rescuer.