Answer for MBE Question from October 12th
(A) is correct.
Issue: Whether the off-duty police officer owed a duty of care to the young boy, i.e. a duty to rescue him.
Rule: Generally, there is no duty to come to the aid of another person who is in danger absent some special relationship or statutory duty. That the defendant was an officer does not change this rule. An officer has a duty to perform his job in a reasonable manner, but the general rules regarding duty to act remain applicable.
Analysis: Here, the police officer did not create the child’s peril and he was not in a special relationship with the child (e.g., common carrier to passenger or innkeeper to guest) nor was there any statutory duty imposed upon him to protect the child. Note that even if the police officer was not on vacation, but rather on-call, he would have no duty to prevent the child’s injury since this is not within his job responsibilities.
(A) is correct because the officer owed no duty to rescue the child.
(B) is incorrect because this is an issue of fact and it does not address the legal issue posed here which is whether an off-duty police officer owed a duty to the child to rescue him. Be careful to make sure the answer choice matches the legal issue posed by the question.
(C) is incorrect because the facts do not indicate that the child relied on the police officer. It is true that in a special relationship, if there is a justifiable reliance upon the relationship, a failure to act (nonfeasance) can be a breach. However, there is no evidence of any relationship formed whatsoever between the officer and the child under these facts.
(D) is incorrect because proximate cause is irrelevant if there is no duty in the first place. A proximate cause of an injury is a cause which, in natural and continuous sequence, produces the injury, and without which the injury would not have occurred. Here, there may indeed be proximate cause, but without a duty to act, the officer cannot be liable to plaintiff.