Torts 612 Lesson 4 Discussion A CH.docx - Lesson 4...

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Lesson 4 Discussion A Thursday, 10 September 2020, 10:28 AM Number of replies: 1 In this lesson you will begin to study negligence. As you will learn, to prove negligence the plaintiff must show that the defendant owed a DUTY to the plaintiff. That Duty may be a General Duty or a Special Duty. The standard for a General Duty is to act as a reasonable person would under the same or similar circumstances. What a reasonable person would do is a question for a judge or a jury. However, we are all different people that grew up with different life experiences. Evaluate one of the following fact patterns and explain why you think the conduct is reasonable or unreasonable. A. Debbie age 18 is walking quickly through the mall to meet her friend for lunch. As she is walking, she is checking her Facebook account. Pam, age 85 is walking slowly in front of Debbie. Debbie does not see Pam and knocks her down, breaking Pam’s hip. Is walking and Facebooking reasonable conduct?

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