Bus18StudentNOTESfoRNEGLIGEN

Bus18StudentNOTESfoRNEGLIGEN - Lecture Notes Negligence...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Lecture Notes: Negligence & Strict Liability N EGLIGENCE Negligent Conduct = Conduct that falls below the level reasonably necessary to protect others against significant risks of harm. Defn : An unintentional breach of duty by the defendant that results in harm to another. Elements: D owed a duty to P D breached that duty D’s breach was the actual & proximate cause of P’s injuries. AND P must overcome any defenses raised by D G ENERAL R ULE REGARDING D UTY & B REACH : Each person has a duty to act as a reasonable person of ordinary prudence would have under the same circumstances. Failure to do so Breach. W AS  A D UTY  O WED ?     YES if either of the following apply: 1. P was among those who would foreseeably be at risk of harm stemming from the D’s activities or conduct, OR 2. A special relationship existed between the D & P that logically called for such a duty. For example: o Professionals o Providers of Lodging & Transportation Services o Possessors of Real Estate o Special Duty created by Law (statute, ordinance, admin. reg.) S PECIAL  D UTIES     Professionals must exercise the knowledge, skill and care ordinarily possessed and employed by members of the profession . Examples: Doctors Lawyers Accountants High duty of care exist for providers of transportation services and lodging facilities to protect patrons from personal injury & loss or damage to personal property. For example : Common Carriers Innkeepers Landlords Possessors of Real Estate owe special duties to those who enter their property. Duty owed depends on the status of the entering party. S.Spencer Bus 18: Introduction to Business Law De Anza College 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Lecture Notes: Negligence & Strict Liability 3 T RADITIONAL C LASSIFICATIONS : 1. Invitees ( Invited to enter) Business visitor (e.g. customer) Public invitee (e.g. library patron) Duty to exercise reasonable care to protect invitee against dangerous on-premise conditions that you are aware of or reasonably should discover and that the invitee is unlikely to discover . 2. Licensees ( Enter w/consent for own purpose) Usually only obligated to warn of dangerous on-premise conditions that licensee is unlikely to discover.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 09/19/2011 for the course BUS 18 taught by Professor Dannysalah during the Spring '11 term at DeAnza College.

Page1 / 7

Bus18StudentNOTESfoRNEGLIGEN - Lecture Notes Negligence...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online