Statutory Duties Self-Quiz
Amity is an island city
just off the coast of Massachusetts. Because the weather is good all
year round, the island is always crowded with surfers, beach goers
and sun worshipers. Because so many people spend so much time in the
water, the government has recently passed a statute making it a civil
offense for anybody to knowingly withhold help to anybody who is in
distress in the water. In other words, the statute requires that you
make a rescue attempt if you see someone in trouble in the water.
At common law, there is no duty of rescue. Hooper is lounging in his
rowboat when he hears Martin begin to scream. Hooper looks out and
sees that Martin is drowning. Hooper does nothing. Luckily, Quint
is also in a boat nearby and he rows over and saves Martin. If Martin
sues Hooper, he will most likely:
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Amity is an island city just
off the coast of Massachusetts. Because the weather is good all year round,
the island is always crowded with surfers, beach goers and sun worshipers.
Because so many people spend so much time in the water, the government
has recently passed a statute making it a criminal offense for anybody
to knowingly withhold help to anybody who is in distress in the water.
At common law, there is no duty of rescue. Hooper is lounging in his rowboat
when he hears Martin begin to scream. Hooper looks out and sees that Martin
is drowning. Hooper does nothing. Luckily, Quint is also in a boat nearby
and he rows over and saves Martin. Hooper is prosecuted criminally and
found guilty of violating the statute. Once the criminal trial is over,
Martin can sue Hooper civilly and recover damages:
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Amity is an island city just
off the coast of Massachusetts. Because the weather is good all year round,
the island is always crowded with surfers, beach goers and sun worshipers.
Because so many people spend so much time in the water, the government
has recently passed a statute making it a criminal offense for anybody
to knowingly withhold help to anybody who is in distress in the water.
Assume that, at common law, there is a duty of rescue. Hooper is lounging
in his rowboat when he hears Martin begin to scream. Hooper looks out
and sees that Martin is drowning. Hooper does nothing. Luckily, Quint
is also in a boat nearby and he rows over and saves Martin. Hooper is
prosecuted criminally and found guilty of violating the statute. Once
the criminal trial is over, Martin sues Hooper civilly. Martin will most
likely:
|
Amity is an island city just
off the coast of Massachusetts. Because the weather is good all year round,
the island is always crowded with surfers, beach goers and sun worshipers.
Because so many people spend so much time in the water, the government
has recently passed a statute making it a criminal offense for anybody
to knowingly withhold help to anybody who is in distress in the water.
Assume that, at common law, there is a duty of rescue. Hooper is lounging
in his rowboat when he hears Martin begin to scream. Hooper looks out
and sees that Martin is drowning. Hooper does nothing. Luckily, Quint
is also in a boat nearby and he rows over and saves Martin. After Hooper
is prosecuted criminally for violating the statute, Martin sues him civilly.
During the civil trial, Hooper claims that he didn’t help Martin
because one of his oars was broken and he doesn’t know how to swim.
Martin will most likely:
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