| 释义 |
rescue
n. 1. Action to save people or property from danger. There is no general duty to rescue people or property from danger, though a master of a ship is bound by statute to render assistance to people in danger at sea. Voluntary attempts to rescue people in danger are encouraged by the law. Someone injured in such a rescue attempt may recover damages from the person whose negligence created the danger (Baker v Hopkins [1959] 3 All ER 225). The rescuer is not regarded as having assumed the risk of being injured provided the rescue was reasonably necessary and the rescuer did not act with reckless disregard for his own safety. Courts are similarly reluctant to find that his injuries were due to contributory negligence. Indeed, thanks to the Social Action, Responsibility and Heroism Act 2015 this principle has been put on a statutory basis. For example, section 4 of the Act states: “The court must have regard to whether the alleged negligence or breach of statutory duty occurred when the person was acting heroically by intervening in an emergency to assist an individual in danger” (see social action, responsibility, and heroism). Attempts to rescue property may not be treated so sympathetically. 2. The forcible removal of a person in the custody of the law, which is a criminal offence. 3. The recovery of property that has been taken by way of distress. If the distress was unlawful, the owner is entitled to recover it. See also social action, responsibility, and heroism. |