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Correct. These two purposes both enlarged the scope of the defendant\u2019s liability by creating a broader duty (through the signaling function that puts tortfeasors on notice of their possible duty to otherwise unforeseeable parties), and by limiting the defenses available against the rescuer (in the substantive negation of the assumption of the risk doctrine).<\/div>\n","tip":"","notChosenFeedback":""},"text":"

Inform tortfeasors<\/strong> that it is foreseeable that they will owe a duty to rescuers similar to the duty they owe the victims of their negligence and negate the assumption of risk<\/strong> of injury so long as the rescuer behaves normally in their rescue.<\/div>\n"},{"correct":false,"tipsAndFeedback":{"chosenFeedback":"
Incorrect. There isn\u2019t a competition for resources between the victims and rescuers (and if the rescue doctrine applies, there isn\u2019t a hierarchy subject to which the victims are higher in priority than the rescuers). The rescue doctrine\u2019s effect is, actually, to make the rescue equal in status to the victim, from the perspective of the defendant\u2019s liability. And both victim and rescuer could find their recovery reduced, in a comparative fault jurisdiction (as you will learn in Module 4 when you study defenses and limitations) if their conduct was unreasonable under the circumstances, too. Practically speaking, the defendant may be judgment-proof or may run out of resources, but that\u2019s not a function of the doctrine.<\/div>\n","tip":"","notChosenFeedback":""},"text":"
Inform victims<\/strong> that they may face difficulty recovering against defendants if rescuers also have access to the same source of compensation, which thus encourages victims of negligence to resolve their claims quickly.<\/div>\n"},{"correct":false,"tipsAndFeedback":{"chosenFeedback":"
Not quite correct. While the effect<\/em> of the rescue doctrine may be to encourage rescues, it\u2019s not correct as a justification for the doctrine. (If we really cared about incentivizing rescues, we would create broad immunity for anybody attempting a rescue, but in fact we don\u2019t. On the contrary, we impose a duty on those who undertake a rescue (\u201cthe voluntary undertaking\u201d exception to the no duty to rescue rule) and we require that the rescue be reasonable under the circumstances. To the extent that has been changed, it has happened due to legislatures\u2019 passing Good Samaritan laws.<\/div>\n","tip":"","notChosenFeedback":""},"text":"
Encourage rescuers to take risks<\/strong> to save others\u2019 lives, even though they have no duty to rescue.<\/div>\n"},{"correct":false,"tipsAndFeedback":{"chosenFeedback":"
Incorrect. In fact, many jurisdictions prevent liability to professional rescuers under the so-called \u201cfirefighter\u2019s rule\u201d at common law or through statutes. Sometimes these statutes define an area in which liability still applies, but in no way is there greater efficiency arising out of the rescue rule with respect to professional rescuers.<\/div>\n","tip":"","notChosenFeedback":""},"text":"
Increase efficiency<\/strong> in the claims brought by professional rescuers.<\/div>\n"}],"overallFeedback":[{"from":0,"to":100}],"behaviour":{"enableRetry":true,"enableSolutionsButton":true,"enableCheckButton":true,"type":"auto","singlePoint":false,"randomAnswers":false,"showSolutionsRequiresInput":true,"confirmCheckDialog":false,"confirmRetryDialog":false,"autoCheck":false,"passPercentage":100,"showScorePoints":true},"UI":{"checkAnswerButton":"Check","showSolutionButton":"Show solution","tryAgainButton":"Retry","tipsLabel":"Show tip","scoreBarLabel":"You got :num out of :total points","tipAvailable":"Tip available","feedbackAvailable":"Feedback available","readFeedback":"Read feedback","wrongAnswer":"Wrong answer","correctAnswer":"Correct answer","shouldCheck":"Should have been checked","shouldNotCheck":"Should not have been checked","noInput":"Please answer before viewing the solution","a11yCheck":"Check the answers. The responses will be marked as correct, incorrect, or unanswered.","a11yShowSolution":"Show the solution. The task will be marked with its correct solution.","a11yRetry":"Retry the task. Reset all responses and start the task over again.","submitAnswerButton":"Submit"},"confirmCheck":{"header":"Finish ?","body":"Are you sure you wish to finish ?","cancelLabel":"Cancel","confirmLabel":"Finish"},"confirmRetry":{"header":"Retry ?","body":"Are you sure you wish to retry ?","cancelLabel":"Cancel","confirmLabel":"Confirm"},"question":"
Options<\/p>\n"}

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