Duty to rescue: You are walking by a cold, deep lake one eveing when you hear a
ID: 350999 • Letter: D
Question
Duty to rescue: You are walking by a cold, deep lake one eveing when you hear a noise. You look and see a person in the water, 50 meters from the shore, calling for help. The person is drowning.
Questions:
A.) You own a boat that tied to the dock at the lake. Do you have a duty to use your boat to save the person?
B.) You are an off duty nurse. The boat's motor does not work, but you can swin. Do you have a duty to swim to effect a rescue?
C.) The person who is drowning is your employee, but it is sunday and neither of you are in the course of employment. Do you have a duty to rescue?
D.) There is no boat and you cant swim. But you have a cell phone in your pocket. Do you have a duty to call 911?
E.) You dont own a boat. If the drowining person offers you $500 to effect a rescue, and you begin a rescue attempt by taking a boat and proceeding toward the person:
1. Have you formed a bilateral or a unilateral contract?
2. Have you created a duty in tort to complete the rescue?
3. Have you committed conversion?
Explanation / Answer
A.) You own a boat that tied to the dock at the lake. Do you have a duty to use your boat to save the person?
In this case it is my duty to use my boat to save the person because as I have required amenities to get on the lake so it is regarded as a duty.
B.) You are an off duty nurse. The boat's motor does not work, but you can swim. Do you have a duty to swim to effect a rescue?
Yes, even in this case I have a duty to effect a rescue as I am able to swim.
C.) The person who is drowning is your employee, but it is Sunday and neither of you are in the course of employment. Do you have a duty to rescue?
Yes, at first he is a human being and therefore irrespective of any employment contract it is duty to save the person.
D.) There is no boat and you cant swim. But you have a cell phone in your pocket. Do you have a duty to call 911?
Yes, it is my duty to call 911 in order to convey the emergency situation the person is in and ask for rescue operations so that the person is saved.
E.) You don't own a boat. If the drowning person offers you $500 to effect a rescue, and you begin a rescue attempt by taking a boat and proceeding toward the person:
3. I have committed conversion in this case because I will use the $500 to use it in the rescue operation.
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