chapter_7_negligence_and_strict_liability copy

chapter_7_negligence_and_strict_liability copy - Chapter 7...

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Chapter 7 Negligence and Strict Liability A. Negligence Negligence is conduct that falls below the level necessary to protect others against unreasonable harm. (everybody has to act reasonable way to protect other people) ( we have to know who do we own a protection to) (farmacudical companies when they test medicine) Case Mac pherson vs Buick 1916 Bucik built a car and sold to a dealer and buick dealer sold to mac pherson and later a wheel feel off. It is negligence assembly. She sued both. V is company M is dealer for example. Buick dealer is out of the case. Bucik said he doesn’t have a contract with mac. Producers ows to the consumer Elements 1. Breach of duty of care Everybody has a duty to behave in such a manner as to avoid risk of harm to others. Everyone is obliged to act like a reasonable person of ordinary prudence in similar circumstances. 2. Damages: (somebody dies, injures, or property is damaged) ( to sue for emotional damages he has to have physical damages). Someone saw a carcrash and sues for emotional damages, not possible. property, physical damage or death “impact rule” – if the plaintiff wishes to claim for emotional injury the plaintiff must also have physical injuries. Mallor 16th edition
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- 2 - 3. Causation (its a or b) a) Actual cause: “but for” test. ex. someone drives on driveway and driving in limit and tiers are bad, boy steps on the road and he kills boy because the tiers were bad. No acutal cause because even with good tiers he would kill boy. b) Proximate Cause: it is unfair to hold a defendant liable for remote, unforeseeable and bizarre results. The court only imposes liability for natural and probable consequences, those within the scope of the foreseeable risk. There is liability only if the damages are a natural and continuous consequence of the act. (foreseeable) Case palsgraf vs new yorks rail road
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