How Did Clark Have A Duty To Rescue Steve?

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Question 1:

Issue: Did Clark have a duty to rescue Steve?

Common law rules have generally established that a defendant does not have a duty to rescue an individual without a “special relationship” or unless the defendant did something to cause the harm (Chutkow Lecture, March 7). “Special relationship” is a general rule set forth by the common law due to the difficulty in defining each and every case. As a result, “special relationships” describe relationships such as those between a parent and child, spouses, etc (Chutkow Lecture, March 7).
In order to successfully argue that Clark had a duty to rescue Steve, it must be proven that the two had a special relationship or that Clark did something to cause the harm. Plaintiff could argue …show more content…

Before leaving to go to the animal park, Clark convinced Steve to go with him, though who drove the car there was unanswered. After arriving at the animal park, Clark taunted Steve to the point where he convinced Steve to jump in the exhibit and grab the Komodo Dragon. Clark also knew that Komodo Dragons were vicious, powerful, easily provoked, and possess poisonous venom. Plaintiff could argue that Steve would not have jumped into the exhibit, or even been at the animal park in the first place, if it had not been for Clark’s actions. Common law has established that “First...if the defendant has a special relationship with the plaintiff, it has a duty to aid, as held in Lundy v. Adamar of N.J., Inc... Second, if the defendant caused the plaintiff’s harm, even innocently, it has a duty to aid” (Law for Society, page 141). Therefore, they could argue that Clark’s actions not only put Steve in danger, but explain why Steve was bit and injected by the Komodo Dragon’s poisonous venom, and ultimately meant that Clark had a duty to rescue …show more content…

Clark taunted Steve and Clark’s words were enough to convince Steve to grab the dragon, which resulted in his death. In the case of Yania v. Bigan (1959), the Court decided that the defendant would not be held liable when he “invited decedent onto his land, taunted him to jump into a water-filled mining pit, and did nothing to save him from drowning” (Law for Society, page 140). In other words, the defendant’s persuasive words made the plaintiff perform a task that resulted in the plaintiff’s death. Clark’s actions were simply verbal persuasion and it was up to Steve to ultimately behave reasonably. The Court decided that “the mere fact that Bigan saw Yania in a position of peril in the water imposed upon him no legal, although a moral, obligation or duty to go to his rescue unless Bigan was legally responsible, in whole or in part, for placing Yania in the perilous position” (Yania v. Bigan, 1959). The defense could argue that the same rule applies where “it was the performance of that act and not the defendant’s conduct which caused the husband’s death,” (Yania v. Bigan, 1959), and thus, Clark did not have a duty to rescue

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