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The common law imposed no obligation upon a person to help a stranger in an emergency. However, taking a cue from the New Testament, the common law did adopt what became commonly known as the "good samaritan" defense, meaning that someone who helps a stranger in an emergency and acts reasonably in doing so would be protected against a claim of injury by the stranger against the samaritan.

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14y ago
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2w ago

Under common law, a person generally does not have a legal duty to help a stranger in an emergency, unless there is a special relationship that creates a duty to act, such as a parent-child relationship or a contractual duty. However, if a person does voluntarily decide to help in an emergency, they must do so in a reasonably competent manner to avoid liability for any harm caused by their actions.

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Q: Under common law what is a person's duty when it comes to helping a stranger in an emergency?
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