Chapter 7 blaw - NEGLIGENCE BASIC PRINCIPLES Negligence Failing to exercise the standard of care that a reasonable person would exercise in similar

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NEGLIGENCE: BASIC PRINCIPLES Negligence: Failing to exercise the standard of care that a reasonable person would exercise in similar circumstances. In contrast to intentional torts, negligence requires no intent on the part of the tortfeasor, nor does it require that the tortfeasor know or believe the consequences that his act or omission may cause. Negligence merely requires that the tortfeasor’s act or omission create a risk of the consequences complained of by the injured party. Actionable negligence requires that: (1) the tortfeasor owed the plaintiff a duty of care , (2) which the tortfeasor breached , (3) actually causing the plaintiff (4) a legally recognizable injury . Ch. 7: Negligence and Strict Liability - No. 1 Clarkson et al.’s Business Law (11th ed.)
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NEGLIGENCE: DUTY OF CARE Duty of Care: The duty of all persons to exercise reasonable care in their dealings with others. Reasonable Care: The degree of care expected of a hypothetical “reasonable person”; not necessarily how a reasonable person would act, rather how a reasonable person should act. Tort law presumes that the reasonable person will be, at a minimum: (1) careful, (2) conscientious, (3) even tempered, and (4) honest. No Duty to Rescue: If a person fails to aid a stranger in peril, that person would not be negligent under tort law, although most people would impose an ethical duty on the person to render aid.
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NEGLIGENCE: Duties of Landowners: Landowners are expected to exercise reasonable care to protect from harm those persons coming onto their property – even trespassers. Business Invitees:
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This note was uploaded on 01/25/2011 for the course BLAW 3361 taught by Professor Bl during the Spring '10 term at Texas Brownsville.

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Chapter 7 blaw - NEGLIGENCE BASIC PRINCIPLES Negligence Failing to exercise the standard of care that a reasonable person would exercise in similar

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