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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,

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Presentation on theme: "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,"— Presentation transcript:

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 . California Ohio Florida Rhode Island Hawaii Vermont Massachusetts Washington Minnesota Wisconsin

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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