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Rescue - Day 2 1. Creating the Peril 2. Special Relationship with the Plaintiff 3. Prevention of Crime Recap No general duty of rescue But once efforts to protect others are undertaken and others rely , then duty to: use reasonable care to perform, or

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rescue day 2

Rescue - Day 2

1. Creating the Peril

2. Special Relationship with the Plaintiff

3. Prevention of Crime

recap
Recap
  • No general duty of rescue
  • But once efforts to protect others are undertaken and others rely, then duty to:
    • use reasonable care to perform, or
    • to give reasonable notice of abandonment
      • Erie R. Co. v. Stewart.
remaining hypos
Remaining Hypos
  • Does it matter whether P is the driver?
  • Must the RR now post a watchman there forever?
  • What if the guard has a heart attack?
more questions
More questions:
  • Brown (270)
    • undertaking?
    • reliance? By whom? P’s standing?
    • NOTE: promises as undertakings
  • What’s missing in Lacey (269)?
    • What if others had “rested their oars”?
    • What if seas were extraordinarily dangerous?
next scenario
Next scenario
  • Golfer on tee carefully checks the fairway. Seeing no one ahead, she drives the ball.
    • Any negligence? No
  • While the ball is in the air, a person suddenly appears from behind a tree and walks into the path of the ball.
    • Any legal duty to protect that person from harm (I.e. shout a warning)?
tubbs v argus p 270
Tubbs v. Argus (p 270)
  • What alleged breach of duty?
  • (Why not sued for negligent driving, too?)
  • Held?
  • For what injuries is D responsible?
  • What if driver had been hurt; would passenger have duty to give 1st aid?
    • Cf. Highway assistance statutes (272)
special relationship between d and victim
Special Relationship:Between D and Victim
  • Established instances (RS § 314A):
    • 1. common carrierpassenger
    • 2. innkeeper guest
    • 3. possessor of land open to public visitor
    • 4. take custody of another person affected
      • jailer
      • boat captain
  • Unifying theme(s)? (hint: see 314A(4) & comment b)
slide8
Duty?
  • Reasonable care to assist
  • 1. prevent harm
    • warn hotel guests of fire
  • 2. rescue from harm
    • pull out plug of radio in bath tub.
  • 3. after injury,
    • call for help
    • give first aid until help arrives
special relationship
Special Relationship?
  • 1. Mental hospital and ward
  • 2. Adult carpoolers
  • 3. Parent and child
  • 4. Bus driver and passengers
  • 5. Kindergarten teacher & students
  • 6. Bar-hopping buddies
  • 7. Mountain climbers
  • 8. JCPenny & customer stuck on escalator
  • 9. Designated driver who bolts.
special relationship10
Special Relationship?
  • 1. Mental hospital and ward
  • 2. Adult carpoolers
  • 3. Parent and child
  • 4. Bus driver and passengers
  • 5. Kindergarten teacher & students
  • 6. Bar-hopping buddies
  • 7. Mountain climbers
  • 8. JCPenny & customer on escalator
  • 9. Designated driver who bolts.
new special relationship
New Special Relationship?
  • 1. Mental hospital and ward
  • 2. Adult carpoolers
  • 3. Parent and child
  • 4. Bus driver and passengers
  • 5. Kindergarten teacher & students
  • 6. Bar-hopping buddies
  • 7. Mountain climbers
  • 8. JCPenny & customer on escalator
  • 9. Designated driver who bolts.
protection from crime
Protection from Crime
  • Madden v. C & K Barbecue Carryout
  • Holding?
  • Concurrence?
  • Dissent?
  • Better view?