30 research outputs found

    The Tort Duty of Parents to Protect Minor Children

    Get PDF

    The Tort Duty of Parents to Protect Minor Children

    Get PDF
    American tort law should recognize the parent-minor child relationship as a “special relationship.” Imposing an affirmative duty on parents to act to prevent serious harm from occurring to their minor children, despite the Restatement (Third) of Tort’s refusal to impose such a duty, keeps with public expectations and public policy. The drafters of the Restatement do not recognize such a duty because there is little precedent to support the imposition of affirmative duties on family members. However, despite this dearth of reported cases, American courts should recognize an affirmative duty on the part of parents to aid their minor children to prevent serious harms. The relationship between parents and their minor children fits into the “special relationship” exception to the general no-duty-to-rescue rule and that relationship’s status as such is reflected in the law generally and in tort law in particular. Further, public policy supports the notion that American law should recognize that the parent-minor child relation is a “special relationship” warranting the imposition of an affirmative duty to rescue on the parent. Courts should find that the parent-minor child form of familial relation offers a strong case for recognition of an affirmative duty to act

    The Tort Duty of Parents to Protect Minor Children

    Get PDF
    American tort law should recognize the parent-minor child relationship as a “special relationship.” Imposing an affirmative duty on parents to act to prevent serious harm from occurring to their minor children, despite the Restatement (Third) of Tort’s refusal to impose such a duty, keeps with public expectations and public policy. The drafters of the Restatement do not recognize such a duty because there is little precedent to support the imposition of affirmative duties on family members. However, despite this dearth of reported cases, American courts should recognize an affirmative duty on the part of parents to aid their minor children to prevent serious harms. The relationship between parents and their minor children fits into the “special relationship” exception to the general no-duty-to-rescue rule and that relationship’s status as such is reflected in the law generally and in tort law in particular. Further, public policy supports the notion that American law should recognize that the parent-minor child relation is a “special relationship” warranting the imposition of an affirmative duty to rescue on the parent. Courts should find that the parent-minor child form of familial relation offers a strong case for recognition of an affirmative duty to act

    A warm Jet in a cold ocean

    Get PDF
    Unprecedented quantities of heat are entering the Pacific sector of the Arctic Ocean through Bering Strait, particularly during summer months. Though some heat is lost to the atmosphere during autumn cooling, a significant fraction of the incoming warm, salty water subducts (dives beneath) below a cooler fresher layer of near-surface water, subsequently extending hundreds of kilometers into the Beaufort Gyre. Upward turbulent mixing of these sub-surface pockets of heat is likely accelerating sea ice melt in the region. This Pacific-origin water brings both heat and unique biogeochemical properties, contributing to a changing Arctic ecosystem. However, our ability to understand or forecast the role of this incoming water mass has been hampered by lack of understanding of the physical processes controlling subduction and evolution of this this warm water. Crucially, the processes seen here occur at small horizontal scales not resolved by regional forecast models or climate simulations; new parameterizations must be developed that accurately represent the physics. Here we present novel high resolution observations showing the detailed process of subduction and initial evolution of warm Pacific-origin water in the southern Beaufort Gyre
    corecore