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Understanding The Absence Of A Duty To Reasonably Rescue In American Tort Law, Marin Roger Scordato
Understanding The Absence Of A Duty To Reasonably Rescue In American Tort Law, Marin Roger Scordato
Scholarly Articles
The absence in American tort law of a duty to reasonably aid a stranger in peril is perplexing. It is an odd gap in the otherwise nearly pervasive presence of a duty of reasonable care in the modern law of negligence. It utterly fails to accurately articulate our conventional sense of morality and appropriate social behavior. It stands in stark contrast to the treatment of this issue throughout the rest of the world. It is a rule of tort law for which very few commentators have had a kind word.
This Article sets forth a spirited defense of the traditional …