Topic 1: Duty of Care: Read Tubbs v. Argus, 225 N.E.2d (Ind. App. 2 Dist. 1967)
Read Tubbs v. Argus, 225 N.E.2d (Ind. App. 2 Dist. 1967). Is there a general duty of care to help others? What was the basis for the Court’s decision that the defendant owed the plaintiff a duty to render assistance? Do you believe that there should be a duty to assist others even in the absence of a special duty?
You are expected to review and comment on at least two of your classmates’ responses.
Topic 2: Malpractice
Read Loman v. Freeman, 890 N.E.2d 446 (Ill. 2008) (“Loman”). Within the Loman case read Restatement (Second) of Torts, Section 299A regarding the level of skill required of professionals with respect to malpractice cases and the Court’s discussion of the level of skill required of professionals.
Read the Helling v. Carey, 519 P.2d 981 (Wash. 1974). What was the Court’s basis for finding the defendant liable to the plaintiff? Is this consistent with the Restatement position?
You are expected to review and comment on at least two of your classmates’ responses.
…………………Answer preview………………I agree that there is a general duty to assist others. This should be done whether the state gives such provision in the law or not. This is a general duty that appeals to the human nature. It is only commonly sense to help someone in dire need of the help and we should not refrain from offering a helping hand………………………………………
