Law 3101A/B Lecture Notes - Lecture 9: Ontario Human Rights Commission, Health Professional, Legal Guardian
16 Mar 2016
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Duties of affirmative action- law isn"t against you for a bad positive act, but failing to act. Traditionally, there was no general duty of care in negligence to take positive action to benefit another**. Rather, the law simply required individuals to refrain from wrongful positive acts. - in common law. There is no general duty of care by a bystander to rescue and render aid *** If a kid is drowning and i watch, no duty of care is there to rescue and render aid. Even in health care professionals, there never used to be a duty of care before. Some limited duties of affirmative action were recognized if the parties were in a special relationship or the defendant had a statutory or contractual duty to intervene. The recognized special relationships included parent/ child, teacher/student, employer/employee and healthcare professional/patient. Affirmative duty to act for their patient in limited cicumstances if there is a special relationship.
