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The Common Law Rule

Explore the Common Law Rule that entails avoiding harm to others without an obligation to rescue from hazards not created. Discover exceptions and how ten states differ from this established principle.

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The Common Law Rule

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  1. The Common Law Rule We have a duty to avoid harming others, but we have no duty to rescue others from hazards that we do not ourselves create. However, this has always had many important exceptions.
  2. Ten States Differ from Common Law Require people to notify authorities or seek aid for strangers in peril if does not endanger selves .
  3. Sources of Legal Duties Statute Family Relationship Professional Relationship (fiduciaries) Contract to Provide Care Assumption of Care isolating a person Creation of Peril Duty to Control Another’s Conduct Duty of a Landowner/Dog Owner
  4. Professional Relationships (fiduciaries) Individuals whose greater expertise also creates special obligations because of trust which clients place in them Doctors Lawyers Financial Advisors Accountants Psychotherapists Clerics
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