In which case did the court hold that because the parties were engaged in a social venture and acted under an implied understanding that each would render assistance to the other when either was in a position of peril, to say there was no duty of one to aid the other would be “shocking to humanitarian considerations”?
A Podia v. Mairs
B DeShaney v. Winnebago County Dept. of Social Services
C Farwell v. Keaton
D Wakulich v. Mraz
Of the number of reasons for the law’s “no duty to rescue” rule, which of the following is first and foremost?
A There is a lack of causal connection between the defendant’s conduct and the plaintiff’s peril.
B The rule is seen as the embodiment of the value placed on individualism in American society.
C Concern about the liability question should a number of people fail to render aid.
D The difficulty of determining whether someone callously decided not to act or simply froze in the face of an emergency.
In which case did the court state that the question of whether a duty to affirmatively act is “one of judicial balancing of the mix of factors peculiar to each case”?
A Podias v. Mairs
B Wakulich v. Mraz
C Yania v. Bigan
D Farwell v. Keaton
The Restatement Third recognizes all of the following relationships that place a defendant under a duty of reasonable care for the plaintiff’s safety, including reasonable affirmative efforts to rescue, except
A landlord – tenant.
B employer – employee.
C carrier – passenger.
D attorney – client.
In which case did the court reject the argument that a state’s failure to protect an individual against private violence constitutes a violation of the Due Process Clause?
A Yania v. Bigan
B Podias v. Mairs
C Wakulich v. Mraz
D DeShaney v. Winnebago County Dept. of Social Services
Which one of the following statements regarding undertaking to act and reliance is not correct?
A Because of discomfort with no-duty rules, courts have been quick to find that a defendant has undertaken to act.
B A duty will be found where the defendant’s unfinished rescue efforts have dissuaded others from helping.
C Good Samaritan statutes have been enacted in virtually all jurisdictions.
D Under the modern view, once a defendant undertakes to rescue a victim, the plaintiff may discontinue aid so long as the victim is not left in a worse position.