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Full-Text Articles in Law
Reasonableness, Justice And The No-Duty-To-Rescue Rule Of Torts, Alan Calnan
Reasonableness, Justice And The No-Duty-To-Rescue Rule Of Torts, Alan Calnan
Alan Calnan
The no-duty-to-rescue rule says that people are not required to rescue others in distress. Thus, someone who fails to offer aid cannot be held civilly liable if the victim later succumbs to the danger. This liability exemption applies no matter how grave the risk facing the victim, and no matter how simple, easy and safe the rescue opportunity for the bystander. To most people, the no-duty-to-rescue rule seems clearly at odds with the concept of moral fault. Instinctively, it feels wrong to stand idly by as another human being suffers harm. This instinct could be rooted in a number of …
The Fault(S) In Negligence Law, Alan Calnan
The Fault(S) In Negligence Law, Alan Calnan
Alan Calnan
ABSTRACT According to conventional wisdom, negligence is a unique tort. It is different from strict liability because it is based on fault. Although it shares fault with intentional torts, negligence’s version of fault is different because it arises from the objective standard of reasonableness. This orthodox view has existed for nearly a century and has never been challenged. Even today, no one questions the strength of tort law’s theoretical superstructure or the truth of the assumptions upon which it is based. In fact, the American Law Institute, which currently is in the process of restating tort law’s basic principles, has …