Jack sees Jill falling down a hill. At the bottom of the hill, Jill is tumbled over, and clearly endured serious injury. However, while it is not the most ethical conduct, Jack is in a rush and does not feel like helping Jill. Jill attempts to sue Jack for negligence. Which element of negligence will Jill most likely be unable to prove?

a. Duty - under the bystander rule, Jack is under no legal obligation to help ill.
b. Breach. Jack had a duty to help jill that he failed to meet by not coming to her rescue.
c. Causation because Jack did not help Jul, she was hurt.
d. Harm - Jill suffered harm as a result of Jack's negligence

According to the bystander rule, a person does not have the legal duty to rescue or assist another person who is at risk or in danger, even if society imposes a moral obligation for the bystander to provide assistance. While the law does not require one to jeopardize his own life, to give aid to someone else, the Good Samaritan law imposes some legal duty on the bystander to act in some situations. However, Jill cannot prove that Jack breached a duty to help her.

aliasger2709 aliasger2709 · Answer 2 · 2022-04-01T12:42:44+02:00

To claim the case in court four elements of negligence are required. The element that will not be proved by Jill is the breach as it was not a legal duty of Jack.

What is the element of a breach?

The element of negligence includes causation, duty, harm, and breach. According to the witness rule, it is not illegal or law-abiding for an observer to help other people in the circumstance of harm or hurt.

According to the law it is not law-abiding for a person to save someone's life at the risk of his own. hence, Jill cannot sue Jack for the negligence of the breach.

Therefore, option b. breach the element of negligence that cannot be proved.

Learn more about elements of negligence here:

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