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First Principles of Business Law |
| The tort of Negligence |
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4. 3. Recognised duty situations or relationships |
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4.3.3. Rescuers |
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Read the facts below and then answer the question. A lives near a beach in Sydney, NSW. One afternoon he notices some small children playing in the water with no adults around to supervise them. And when he next looks around, A notices that one of the children has been swept out to sea and is in danger of drowning. Impulsively, A leaps into the water and swims out to rescue the child. But the current is too strong and both A and the child are drowned. C, A's surviving spouse, concedes that A was not obliged to rescue the drowning child but says that nevertheless the parents of the unsupervised child owed a duty of care to persons who would foreseeably act to rescue the child from danger and who suffers harm as a result. Is C correct? |
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