Flashcards in Duties to Act Affirmatively Deck (6)
Standard rule for rescue?
There is no legal duty to rescue.
The Rule that there is no legal duty to rescue is/isn't absolute.
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.
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.
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.