Duty to Rescue - Tort Law

There has been some substantial debate about as to whether there is a duty to rescue another person who is found to be in jeopardy aptly illustrated by the contrasting decisions in Donoghue v. Stevenson [1932] AC 562 and Home Office v. Dorset Yacht Co Ltd [1970] AC 1004.

Therefore, with this in mind, it has largely been decided upon on a case by case basis, according to McFarlane v. E.E. Caledonian Limited [1994] 2 All ER 1, because it must be remembered that, in White v. Chief Constable of the South Yorkshire Police [1999] 1 All ER 1, Lord Griffiths said that “If a tortfeasor creates a dangerous situation he can foresee that others will attempt to rescue the victims, or potential victims of his negligence”. But it must also be recognised that the response in any given case may also be influenced by whether the ‘rescuer’ holds themselves out as having special skills and a consequent duty to act.

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