First Principles of Business Law

The tort of Negligence

4. 3. Recognised duty situations or relationships

4.3.3. Rescuers

 

 

 

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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