Adoption of a proposed duty to act rule will do little to change the behavior of the individual, except insofar as it might create an environment in which he could be a better citizen. But the rule will protect and compensate the few good Samaritans who are sometimes penalized for their virtues. Moreover, the rule will not turn anyone into a busybody, for the consideration of reasonableness of action will not allow more protection to the really officious intermeddler than he now has under the law. Nor will such a rule cause persons to fear for their property because of an act they inadvertently failed to do, since in most cases our marvelously complex economy has provided specialists who perform such acts. And since the circumstances of a real emergency will always be clear and the action required will be performed instinctively, in practically all such situations the rule will simply protect the man who acts as society expects him to act.
Duty of Professional to Act
Duty of Amateur to Act
Wallace M. Rudolph,
The Duty to Act: A Proposed Rule,
44 Neb. L. Rev. 499
Available at: http://digitalcommons.unl.edu/nlr/vol44/iss3/3