Chapter 7 - Negligence and Strict Liability

Chapter 7 - Negligence and Strict Liability - Law Society I...

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Law & Society I M W 9:30AM, Snell 213 John Exley, ID: 0160294 09.17.08 Chapter 7: Negligence and Strict Liability Pages 144-154 Section 1 – Negligence Negligence: The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. To succeed in a negligence action, the plaintiff must prove each of the following: 1) That the defendant owed a duty of care to the plaintiff. 2) That the defendant breached that duty. 3) That the plaintiff suffered a legally recognizable injury. 4) That the defendant’s breach caused the plaintiff’s injury. The Duty of Care and Its Breach Duty of Care: The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the “reasonable person standard,” constitutes the tort of negligence. o The Reasonable Person Standard Reasonable Person Standard: The standard of behavior expected of a hypothetical “reasonable person.”
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