Question

Kathy, a fashion model, witnessed a motor vehicle accident but did not stop because shewas late for her pedicure and simply didn't want to get involved. Had she stopped, she could have saved the life of Tom, who was thrown from the car and landed in a water-filled ditch, without danger to herself. When Tom's widow hears that Kathy couldhave easily saved Tom's life but chose to ignore the situation, she sues Kathy. The state has no "good samaritan" laws or duty-to-assist laws, but such cases have been brought in the past. Which of the following will the court apply when making a decision in this case?
A. statutory law
B. administrative law
C. common law
D. equity law

Answer 1

Answer:

C). Common law.

Explanation:

'Common law' is demonstrated as the unwritten or implicit laws that are established on the basis of legal decisions(or judicial precedents) of the courts. These laws assist the courts to make decisions in the unusual cases(in which the subsisting laws cannot help in decision-making) on the basis of legal precedents.

In the given case also, the court will apply 'common law' as the case is quite uncommon and since, the existing 'good samaritan' laws do not contain a provision regarding this. Thus, the court would now take the decisionon the basis of past jurisdictions or legal precedents after analyzing the situation and hearing both the clients effectively. Therefore, option C is the correct answer.