In which case did the court hold that because the parties were
engaged in a social venture and acted under an implied
understanding that each would render assistance to the other when
either was in a position of peril, to say there was no duty of one
to aid the other would be shocking to humanitarian
considerations
A Podia v. Mairs
B DeShaney v. Winnebago County Dept. of Social Services
C Farwell v. Keaton
D Wakulich v. Mraz
Of the number of reasons for the law s no duty to rescue
rule, which of the following is first and foremost?
A There is a lack of causal connection between the defendant
s conduct and the plaintiff s peril.
B The rule is seen as the embodiment of the value placed on
individualism in American society.
C Concern about the liability question should a number of
people fail to render aid.
D The difficulty of determining whether someone callously
decided not to act or simply froze in the face of an emergency.
In which case did the court state that the question of
whether a duty to affirmatively act is one of judicial balancing of
the mix of factors peculiar to each case
A Podias v. Mairs
B Wakulich v. Mraz
C Yania v. Bigan
D Farwell v. Keaton
The Restatement Third recognizes all of the following
relationships that place a defendant under a duty of reasonable
care for the plaintiff s safety, including reasonable affirmative
efforts to rescue, except
A landlord tenant.
B employer employee.
C carrier passenger.
D attorney client.
In which case did the court reject the argument that a state
s failure to protect an individual against private violence
constitutes a violation of the Due Process Clause?
A Yania v. Bigan
B Podias v. Mairs
C Wakulich v. Mraz
D DeShaney v. Winnebago County Dept. of Social Services
Which one of the following statements regarding undertaking
to act and reliance is not correct?
A Because of discomfort with no-duty rules, courts have been
quick to find that a defendant has undertaken to act.
B A duty will be found where the defendant s unfinished
rescue efforts have dissuaded others from helping.
C Good Samaritan statutes have been enacted in virtually all
jurisdictions.
D Under the modern view, once a defendant undertakes to
rescue a victim, the plaintiff may discontinue aid so long as the
victim is not left in a worse position.
In which case did the court state that the determination of
existence of duty is a question of fairness and public policy?
A Wakulich v. Mraz
B Podias v. Mairs
C Farwell v. Keaton
D Yania v. Bigan
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