Kathy,a fashion model,witnesses a motor vehicle accident but does not stop because she was late for her pedicure and simply didn't want to get involved.Had she stopped she could have saved the life of Tom who was thrown from the car and landed in a water filled ditch,without danger to herself.When Tom's widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation she sues Kathy.The state has no "good samaritan" laws or duty to assist laws but such cases have been brought in the past.Which of the following will the court apply when making a decision in this case?

Question

Quizplus · Accepted Answer

The court will apply common law in this case because there are no specific statutes or regulations that address duty to assist in this state. Common law is a legal system based on court decisions and precedents rather than statutes or regulations, and it is often used to address new or unique situations where there is no specific law in place. In this case, the court will need to consider what legal duty, if any, Kathy had to assist in the situation and whether her failure to do so was negligent or reckless.

Kathy,a Fashion Model,witnesses a Motor Vehicle Accident but Does Not