There is general duty under english tort law to rescue or assist Essay - 1

There is general duty under english tort law to rescue or assist other. there is only a duty not to actively cause harm. nevertheless, there exist certain explicitly defined exceptions to the rule - Essay Example This law they mainly bases on the exceptional situations such as where the need for rescue arises due to negligence of the expected rescuer or defendant. This is both when the negligence is with intent or fault free conduct. In a case of one party dependence or mutual dependence in life such as a ship captain and the sea man such duty is said to apply. Another exception is derived from a rescuer’s intent to rescue. Once a person intervenes and objects to rescue they are obligated to have a duty and must not leave the victim in a worse off condition. It is also occasionally ascertained to be one’s duty to rescue where a contract stating the same is available. Though there are uncertainties as per the terms and forms of contracts in this nature (scordato, 2008). In one case taken before the New Hampshire Supreme Court in 1898 the court judged in favor of the defendant. This was after an eight year old boy who trespassed into the premises of the defendant placed his hand in the defendant’s machinery. In this situation the defendant was not obligated by any duty to rescue the boy, and could actually further place charges against the boy for trespassing. This can be attributed to the fact that they had no relationship of such a dependable nature, the defendant had no hand in the boy getting there, and that rescuing him could maybe have resulted him into bodily ham hence the individual nature to stay away. Another interesting case of this nature is one regarding reporters and paparazzi and their duty to rescue others from danger. This is because many times photos are publicized of the dying moments of people in crime scenes and accidents posing the thought whether the one who took the photo should have saved the persons life instead of taking the photo of their last breathing moments. This was brought into considerations and as current they do have the duty.