MBE Rules · Torts
Affirmative duty to act
The rule
Generally no duty to rescue or aid. Exceptions: (1) special relationship (parent-child, employer-employee, common carrier-passenger, custodian), (2) defendant created the peril (even non-negligently), (3) voluntarily undertook to help (must use reasonable care; cannot worsen plaintiff's position), (4) by contract or statute.
In plain English
Usually, people aren't required to help others in danger unless there's a special relationship, they caused the danger, they started helping, or a law says they must.
Worked example
Officer A sees a car accident and starts helping an injured driver. Officer A must now act carefully and can't make the driver's situation worse.
Memory hook
No Duty, No Rescue! Exceptions: Relationships, Peril, Voluntary, Contract.
The trap
Students think: Any danger creates a duty. Wrong, because only specific exceptions apply. The actual test is a special relationship, creation of peril, voluntary aid, or legal obligation.
How examiners test it
The MBE loves: bystander sees someone in danger. Question: duty to rescue? Trap: assuming duty exists without exceptions like relationship or creation of peril.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.