w-1 - M ar. 30 Notes Alexandra Moxley * CHAPTER 7NEGLIGENCE...

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Mar. 30 Notes Alexandra Moxley
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*CHAPTER 7–NEGLIGENCE AND STRICT LIABILITY 205* Negligence 206 -Industrial Revolution introduced need for negligence laws *diff btwn taking measures to protect against forseen dangers and unforeseen dangers Elements of Negligence claims 1. Defendant owed a duty of care to plaintiff 2. Defendant committed a breach of this duty 3. Breach was actual and proximate cause of injury experienced by plaintiff Must act as a reasonable person would have acted Duty and Breach of Duty 206 Duty of care owed to: 1. Reasonably foreseeable victims of person’s acts a. Is plaintiff a reasonably forseeable victim? 2. Ppl w/ special relationship with person a. Ex. Doctor-patient What is the duty? o Reasonable care a person with defendant’s personal characteristics would exercise o Professionals held to standard of care of members of profession o Certain situations have special duties Ex. Property owner with respect to: Invitees – bus. visitors or public invitees on premises for defendant’s
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w-1 - M ar. 30 Notes Alexandra Moxley * CHAPTER 7NEGLIGENCE...

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