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Unformatted text preview: Chapter 7- Negligence and Strict Liability This Chapter examines the tort of negligence, which happens to be the most prevalent type of lawsuit brought against businesses today. Negligence Negligence- the tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur To succeed in negligence action, plaintiff must prove the following: 1) The defendant owed a duty of care to the plaintiff 2) The defendant breached the duty 3) The plaintiff suffered a legally recognizable injury 4) The defendant’s breach caused the plaintiff’s injury 1 and 2) The duty of care and its breach- Duty of care- basic principle that states that people are free to act as they please so long as their actions do not infringe on the interests of others.- Duty of care is measured by the reasonable person standard . (objective measure of how an ordinarily prudent person should act.- Malpractice o When a professional violates his or her duty of care (physician screws up someone’s leg)- No duty to rescue o There is no tort law that imposes a general duty to rescue others in peril (i.e see a person stepping in There is no tort law that imposes a general duty to rescue others in peril (i....
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This note was uploaded on 11/18/2010 for the course MGMT 108 taught by Professor Guerin during the Spring '08 term at UCLA.
- Spring '08
- Business Law