Chapter 7 notes-blaw-1

Chapter 7 notes-blaw-1 - Chapter 7 Negligence and Strict...

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Chapter 7 – Negligence and Strict Liability • Negligence The tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur Actor’s conduct merely creates a foreseeable risk of injury Plaintiff must prove: • That the defendant owed a duty of care to the plaintiff • That the defendant breached that duty • That the plaintiff suffered a legally recognizable injury • That the defendant’s breach caused the plaintiff’s injury o Duty of Care and Its Breach Defendant owes a duty to protect Plaintiff from foreseeable risks that Defendant knew about or should have known about Reasonable Person Standard • Courts ask how a reasonable person would have acted in the same circumstances • It is society’s judgment of how an ordinarily prudent person should act. Foreseeability
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• The consequences of an act are legally foreseeable if they are consequences that typically occur in the course of an event • Whether an act is foreseeable is generally considered a matter of fact determined by the reasonable person standard (jury) Duty of Landowners • Landowners are expected to exercise reasonable care to protect individuals coming onto their property form harm. • Retailers o Duty to exercise reasonable care to protect business invitees Business invitees • Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes Duty of Professionals • If an individual has knowledge, skill, or intelligence superior to that of an ordinary person, the individual’s conduct must be consistent with that status • Malpractice
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o If a professional violates his or her duty of care toward a client No Duty to Rescue • Tort law does not impose a general duty to rescue others in peril
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Chapter 7 notes-blaw-1 - Chapter 7 Negligence and Strict...

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