rescue doctrine

rescue doctrine

rescue doctrine. Torts. The principle that a tortfeasor who negligently endangered a person is liable for injuries to someone who reasonably attempted to rescue the person in danger. • The rationale for this doctrine is that an attempted rescue of someone in danger is always foreseeable. Thus, if the tortfeasor is negligent toward the rescuee, […]

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rescue doctrine

rescue doctrine 救助原则 按照此项原则,如果侵权人因过错造成他人生命或身体陷于危险境地,则其对于第三人因为以合理意图救助受害人而遭受的损害也应承担责任。因此,第三人冒着丧生或遭受重大伤害的危险而救助他人的行为,只要不是出于鲁莽轻率,都不构成与有过失〔contributory negligence〕。而且,因为对处于危险中的他人进行合理救助是可预见的,故侵权人对于被救助人存在过错,则其对救助人亦有过错。(→humanitarian doctrine;emergency doctrine; Good Samaritan doctrine)

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rescue doctrine

Torts. The principle that a tortfeasor who negligently endangered a person is liable for injuries to someone who reasonably attempted to rescue the person in danger. • The rationale for this doctrine is that an attempted rescue of someone in danger is always foreseeable. Thus, if the tortfeasor is negligent toward the rescuee, the tortfeasor

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