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Unformatted text preview: Business Law Chapter 7 Negligence NEGLIGENCE - Called unintentional tort because it concerns harm that arises by accident- Some acts not intending to harm someone, but someone will get harmed- A defendant can only be liable for negligence if had a duty to the injured plaintiff- If you cannot foresee injuring someone, then court will rule in defendants favor- Judge Cardoze: to win negligence case plaintiff must prove 5 things o Duty of due care the defendant had a duty of due care to the plaintiff o Breach the defendant breached her duty o Factual cause defendant conduct actually caused the injury o Foreseeable harm foreseeable that conduct like defendants might cause this type of harm o Injury the plaintiff has actually been hurt Duty of Due Care- If the defendant could have foreseen injury to a particular person, she has a duty to him.- If she could not have foreseen harm, there is usually no duty- Many states have some type of dram act making business liable for serving drinks to intoxicated customers who later cause harm. Affirmative duty to act- Common law does not require a bystander to come to assistance of stranger in danger, assuming that the bystander did not create danger. Landowners duty- Common law applies to landowner for injuries occurring on their property Lowest Liability: trespasser anyone on property without consent- Landowner is only responsible for trespasser for intentionally injuring them for some...
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- Spring '11
- Business Law