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Question 1
Homer and his son Bart go fishing one day on the banks of the Springfield River. While walking along the river bank, Bart trips on a rock and falls into the river. Bart cannot swim. Homer finds Bart's accident hysterically funny and, instead of helping Bart out of the water, he stands there and watches Bart flail around. The current sweeps Bart away and throws him against some jagged rocks. Bart is seriously injured. In a negligence suit against Homer, Bart will probably:
Correct Generally, there is no common law duty of rescue. However, in some instances, a duty of rescue does exist. For example, if the defendant has a special relationship to the plaintiff, the defendant may have a duty to go to plaintiff's aid. Here, Bart and Homer have a special relationship by virtue of the fact that Bart is Homer's son. Therefore, Homer did have a duty to go to Bart's rescue and A is the correct answer.
Incorrect! Generally, there is no common law duty of rescue. However, in some instances, a duty of rescue does exist. For example, if the defendant has a special relationship to the plaintiff, the defendant may have a duty to go to plaintiff's aid. Here, Bart and Homer have a special relationship by virtue of the fact that Bart is Homer's son. Therefore, Homer did have a duty to go to Bart's rescue and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Bart and his friend Nelson go fishing one day on the banks of the Springfield River. While walking along the river bank, Nelson pushed Bart into the river. Bart cannot swim. Nelson finds his joke hysterically funny and, instead of helping Bart out of the water, he stands there and watches Bart flail around. The current sweeps Bart away and throws him against some jagged rocks. Bart is seriously injured. In a negligence suit against Nelson, Bart will probably:
Correct
Incorrect!
Correct Generally, there is no common law duty of rescue. However, in some instances, a duty of rescue does exist. For example, where the defendant is responsible for having put the plaintiff in danger, the defendant has the duty to go to the plaintiff's aid. Here, Nelson put Bart in danger so he had a duty to go to Bart's rescue. Therefore, B is the correct answer.
Incorrect! Generally, there is no common law duty of rescue. However, in some instances, a duty of rescue does exist. For example, where the defendant is responsible for having put the plaintiff in danger, the defendant has the duty to go to the plaintiff's aid. Here, Nelson put Bart in danger so he had a duty to go to Bart's rescue. Therefore, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Bart and his friend Nelson go fishing one day on the banks of the Springfield River. While walking along the river bank, Bart trips over a rock and falls into the river. Knowing that Bart cannot swim, Nelson grabs a tree branch and runs downstream, thinking that he will extend the branch to Bart and fish him out as the current carries Bart past. Several bystanders who would have gone to help Bart don't do anything because they see that Nelson is helping Bart. As Bart is coming toward him, Nelson decides that Bart can take care of himself so he drops the branch and goes back to fishing. The current sweeps Bart away and throws him against some jagged rocks. Bart is seriously injured. In a negligence suit against Nelson, Bart will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct Generally, there is no common law duty of rescue. However, in some instances, a duty of rescue does exist. For example, where the defendant has begun a rescue attempt, most states do not allow him to terminate his rescue efforts if doing so would put the plaintiff in a worse situation than he would have been in had the defendant not helped at all. Here, because Nelson started to help Bart, other people who would have helped Bart did not. Had Nelson not helped Bart in the first place, other people would have. Therefore, Nelson had a duty to save Bart because abandoning his rescue attempt put Bart in a worse position than he would have been in had Nelson not even started to save Bart. Thus, C is the correct answer.
Incorrect! Generally, there is no common law duty of rescue. However, in some instances, a duty of rescue does exist. For example, where the defendant has begun a rescue attempt, most states do not allow him to terminate his rescue efforts if doing so would put the plaintiff in a worse situation than he would have been in had the defendant not helped at all. Here, because Nelson started to help Bart, other people who would have helped Bart did not. Had Nelson not helped Bart in the first place, other people would have. Therefore, Nelson had a duty to save Bart because abandoning his rescue attempt put Bart in a worse position than he would have been in had Nelson not even started to save Bart. Thus, C is the correct answer.