Ch7 - Ch.7 Negligence Tortearsor does not intend the...

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Ch.7 Negligence Tortearsor does not intend the consequences of the act or believes they will occur. -The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. Actor’s Conduct merely creates a foreseeable risk of injury. - Defendant owed Plaintiff a duty of care - Defendant breached that duty - Plaintiff suffered legal injury - Defendant’s breach caused the injury Duty of care - Defendant owes duty to protect Plaintiff from foreseeable risks that Defendant knew or should have known about - Courts use reasonable person standard (jury) to determine whether duty exists - Duty of Landowners to warn invitees. *Exception: Obvious Risks. The Reasonable Person Standard: The Standard of behavior expected of a hypothetical “reasonable person.” The standard against which negligence is measure and that must be observed to avoid liability for negligence. Malpractice: essentially professional negligence Foreseeability: - The consequences of an act are legally foreseeable if they are consequences that typically occur in the course of event. - Whether an act is foreseeable is generally considered a matter of fact determined by the reasonable person standard (jury). Duty of care:
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This note was uploaded on 03/03/2011 for the course ECON 1101 taught by Professor Peters during the Spring '11 term at CUNY Baruch.

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Ch7 - Ch.7 Negligence Tortearsor does not intend the...

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