law week b4 middy.docx

law week b4 middy.docx - Negligence is being careless...

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Negligence is being careless, it’s the third tort To prove negligence you have to prove duty of care, that you have breached standard of care, and you have to prove that it cause harm. Duty of care should you care - Is that duty been recognized - Examples include doctor – patient, lawyer – client, manufacturer of goods – user of goods, If a duty of care not yet recognized is it reasonable foreseeable that someone is going to get hurt ; would a reasonable person have foreseen risk that harm would occur proximity ; means close and direct ; do the parties have a relationship of sufficient proximity? - Defendant - knew that the plaintiff, either as an individual or as a member of a group, might rely on the statement; AND the plaintiff relied on the statement for its intended purpose - No proximity if the statement is not relied on
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