Book Review:
William C. Powers, Jr., A Methodological Perspective on the Duty to Act, Reviewing “The Duty to Act: Tort Law, Power, & Public Policy” by Marshall S. Shapo, 57 Texas L. Rev. 523 (1979).
 

Abstract:
In The Duty to Act, Marshall Shapo proposes a theory of tort liability for cases concerning a failure to render aid, based on “the idea that duties [to act] arise from power.” He surveys dozens of duty-to-act cases and argues that an understanding of the parties’ relative power and dependence illuminates the theory of decision. The book is divided into two parts, the first dealing with duties of individuals to expend energy and resources to benefit others, the second dealing with governmental liability raises some distinct issues, Shapo’s principal insight into the power and dependence relationship transcends the dichotomy between governmental and private defendants.