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Source Material Breach Complete Contracts and UCC Article 2 List Showing the closest available flashcard practice.

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An experienced swimmer standing on a public dock saw a stranger struggling in calm water 20 feet away. The swimmer had not caused the stranger to enter the water, had no relationship with the stranger, and did not say or do anything suggesting that he would help. The swimmer watched for several minutes and did nothing. The stranger was injured before someone else rescued him.
In the stranger's negligence action against the swimmer, which statement is most accurate?

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The swimmer had a duty to rescue only if he was younger than the drowning person. The swimmer had no negligence duty to rescue absent a special relationship, creation of the danger, or a voluntary undertaking. The swimmer had a negligence duty to rescue because the drowning person was in serious danger. The swimmer had a duty because all moral duties are enforceable tort duties.

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