Ch 7 - Negligence - Business Law Chapter 7 Negligence and...

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Business Law Chapter 7 Negligence and Strict Liability Section 1 Negligence Negligence is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. In determining what is reasonable conduct, courts consider the nature of the possible harm. To succeed in negligence action, the plaintiff must prove each of the following: The defendant owed a duty of care to the plaintiff. The defendant breached 1 that duty. 4 element of The plaintiff suffered a legally recognizable injury. negligence The defendant’s breach caused the plaintiff’s injury A. The Duty of Care and Its Breach The basic principle underlying the duty of care is that people are free to act as they please so long as their actions do not infringe 2 on the interests of others. 1. The Reasonable Person Standard a. The Reasonable Person Standard is said to be (though not absolutely) objective. b. Not necessarily how a particular person would act but how they should act. c. If the reasonable person existed, he or she would be careful, conscientious, prudent, even tempered, and honest. d. The degree of care to be exercised varies, depending on the defendant’s occupation or profession, her or his relationship with the plaintiff, and other factors. e. The outcome depends on how the judge or jury decides a reasonable person in the position of the defendant would act in the particular circumstances of the case. 2. Duty of Landowners a. Landowners are expected to exercise reasonable care to protect individuals coming onto their property from harm. b. Landowners who rent or lease premises to tenants are expected to exercise reasonable care to ensure that the tenants and their guests are not harmed in common areas, such as stairways, entryways, and laundry rooms. c. Retailers and other firms that explicitly or implicitly invite persons to come onto their premises are usually charged with a duty to exercise reasonable care to protect these business invitees. a) Business Invitees: People, such as customers or clients, who are invited onto business premise for business purposes. b) Patron might slip on the wet floor and be injured as a result was a foreseeable risk, and the owner should have taken care to avoid this risk or warn the customers of it. c) Case 183 F. 3d 770. Whether the owner had notice of the condition that led to the customer’s injury.
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i. The defendant is deemed to have actual notice if it is shown that an employee created or was aware of the hazard. Traditional ii. Constructive notice could be established by showing liability that the dangerous condition had existed for a sufficient rules length of time that the defendant should reasonably have known about it. iii. Affirmed judge from lower court.
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Ch 7 - Negligence - Business Law Chapter 7 Negligence and...

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