Duty to act affirmatively: No rules here.
There are no duties to act affirmatively.
But there are some exceptions.
There is no duty to rescue a person in peril.
No matter how evil the Δ, there’s no duty to rescue.
However, there is never an obligation to put your own life in peril.
2 exceptions:
- Exception: If Δ caused the peril, then there’s a duty to rescue.
- Exception: If there’s a preexisting relationship between Δ and person in peril.
- Common carriers (passengers) and innkeepers (guests)
- If Δ has no duty to rescue and chooses to rescue nonetheless, a gratuitous rescuer will be held liable if he or she messes up. If you choose to rescue, you must rescue like a RPP would rescue