chapter 11 notes.docx - The Law of Negligence Negligence...

This preview shows 1 out of 3 pages.

The Law of Negligence Negligence law seeks to compensate victims for injury or loss Negligence - Careless act that causes harm to another (not intentional, or else would be false imprisonment or battery ) How law of negligence started Started with Donoghue vs. Stevenson 1932, which essentially set negligence and was a judge-made law (common law) - Was from ginger-bear and ice-cream where friend bought for Donoghue and he pour ginger bear on ice-cream, then end up finding decomposing snail o Would want to sue manufacturer (since manufacturer has most money and was responsible for snail) o Since there was no law of negligence, there was no contract between manufacturer and victim. Instead, there was a supply chain with Stevenson -> distributor -> restaurant (so under contract, the only person you can sue is the restaurant) Restaurant would say they didn’t do anything wrong (they didn’t’ bottle ginger bear) and didn’t have much money though Furthermore, Donoghue could not sue restaurant since friend bought stuff, making the contract with friend and restaurant - Mae Donoghue lost every case up to House of Lords (equivalent to Supreme Court), winning by 3-2 decision o Lord Atkan set this modern law of negligence (thus, is purely judge-based law and not statutory law) - Carelessness is a failure to show reasonable care – care that a reasonable person would have shown in similar situation o Examples of bringing up negligence may come from One who has been injured by dangerous driving of truck driver Who has suffered loss by relying on advice from professional Whose furniture damaged in transit by moving company To make the defendant liable, must prove that they failed to act in reasonable care Establishing a Negligence Action 1. Does the defendant owe plaintiff a duty of care? o Duty of care – responsibility owed to avoid carelessness that causes harm to others Duty of care is owed to anyone who might reasonably be affected by defendant’s conduct known as neighbour – anyone who might reasonably be affected by defendant’s conduct , plaintiff must demonstrate 2 stages Stage 1 – is there a duty of care a) reasonable foreseeability – harm that occurred was reasonably foreseeable consequence of defendant’s act (whether defendant should objectively have anticipated act or omission would cause harm to plaintiff) b) proximity – relationship of sufficient proximity between parties such that it would not be unjust or unfair to impose duty of care on defendant
Image of page 1

Subscribe to view the full document.

o considers whether specific circumstances of parties’ relationship are such that defendant is under obligation to be mindful of plaintiff’s “legitimate interests” Stage 2 – are there residual policy considerations outside relationship of parties that negate imposition of duty of care (seen more in negligent misrepresentation for professional firms) o Ex . for auditors and accounting firms, even though they have duty of care, because negligent misrepresentation may stretch
Image of page 2
Image of page 3
You've reached the end of this preview.
  • Winter '09
  • Briggs
  • Tort Law, Mae Donoghue

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern