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Legal Definitions - sudden-peril doctrine

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Definition of sudden-peril doctrine

The sudden-peril doctrine, also known as the emergency doctrine, is a legal principle that allows a person to be exempt from the standard of reasonable care if they acted instinctively to meet a sudden and urgent need for aid.

For example, if someone sees a child drowning in a pool and jumps in to save them without thinking, they may be protected by the sudden-peril doctrine if they are sued for negligence.

The emergency doctrine also applies to medical treatment in dire situations. If neither the patient nor a responsible party can consent to treatment, but a reasonable person would do so, consent is inferred.

Another example of the sudden-peril doctrine is when a police officer conducts a search without a warrant. If the officer has probable cause and reasonably believes that immediate action is needed to protect life or property, the search may be allowed under the emergency exception.

Overall, the sudden-peril doctrine provides legal protection for individuals who act in emergency situations without thinking, as long as their actions were reasonable under the circumstances.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Simple Definition

The sudden-peril doctrine is a legal principle that allows a person to act instinctively to meet a sudden and urgent need for aid without being held to the ordinary standard of reasonable care. This principle also applies to medical treatment in dire situations when neither the patient nor a responsible party can consent, but a reasonable person would do so. Additionally, police officers may conduct a search without a warrant if they have probable cause and reasonably believe that immediate action is needed to protect life or property. This principle is also known as the emergency doctrine, imminent-peril doctrine, or sudden-emergency doctrine.

Injustice anywhere is a threat to justice everywhere.

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Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.

✨ Enjoy an ad-free experience with LSD+