Chapter 7

Chapter 7 - NEGLIGENCE: BASIC PRINCIPLES Negligence:...

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NEGLIGENCE: BASIC PRINCIPLES Negligence: Failing to exercise the standard of care that a reasonable person would exercise in similar circumstances. In contrast to intentional torts, negligence requires no intent on the part of the tortfeasor, nor does it require that the tortfeasor know or believe the consequences that his act or omission may cause. Negligence merely requires that the tortfeasor’s act or omission create a risk of the consequences complained of by the injured party. Actionable negligence requires that: (1) the tortfeasor owed the plaintiff a duty of care , (2) which the tortfeasor breached , (3) actually causing the plaintiff (4) a legally recognizable injury . NEGLIGENCE: DUTY OF CARE Duty of Care: The duty of all persons to exercise reasonable care in their dealings with others. Reasonable Care: The degree of care expected of a hypothetical “reasonable person”; not necessarily how a reasonable person would act, rather how a reasonable person should act. Tort law presumes that the reasonable person will be, at a minimum: (1) attentive, (2) aware of his or her environs, (3) careful, (4) conscientious, (5) even tempered, and (6) honest. NEGLIGENCE: PREMISES & PROFESSIONALS
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Duties of Landowners: Landowners are expected to exercise reasonable care to protect from harm those persons coming onto their property – even trespassers. Business Invitees: Retailers and other business that explicitly or implicitly invite persons to come onto their premises are expected to exercise reasonable care toward these business invitees . Duties of Professionals: If an individual has knowledge, skill, or expertise superior to that of the ordinary person, the individual is held to that standard of care expected of a reasonable person with the same or similar knowledge, skill, or expertise. Failure to
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This note was uploaded on 07/09/2008 for the course ANS 447 taught by Professor Estok during the Spring '08 term at Arizona.

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Chapter 7 - NEGLIGENCE: BASIC PRINCIPLES Negligence:...

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