CHAPTER 7

CHAPTER 7 - CHAPTER 7 NEGLIGENCE AND STRICT LIABILITY...

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CHAPTER 7 NEGLIGENCE AND STRICT LIABILITY
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NEGLIGENCE Harm arises by accident Palsgraf v. Long Island Railroad Co. (1928) Five Elements of Negligence Duty of Due Care Breach of Duty Factual Cause Foreseeable Harm Injury
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NEGLIGENCE Duty of Due Care Did the defendant have a duty of care to the injured person? Generally, the standard is “foreseeability” Hernandez v. Arizona Board of Regents (1994) Affirmative Duty to Act Otis Engineering Corp. v. Clark (1983)
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NEGLIGENCE Landowner’s Duty to Act Lowest Liability: Trespasser A trespasser is anyone on the property without consent – Only liable for intentional injuries or other gross misconduct Occasional Liability: Children – The law makes exceptions when trespassers are children Attractive nuisances Higher Liability: Licensee A licensee is anyone on the land for her own purposes but with the owner’s permission Entitled to a warning about hidden dangers that the owner knows about Highest Liability: Invitee An invitee is someone on the property as of right because it is a
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CHAPTER 7 - CHAPTER 7 NEGLIGENCE AND STRICT LIABILITY...

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