Ch. 1 // The Legal Environment of Business An action for negligence consists of five elements, each of which the plaintiff must prove: 1. Duty of care (aware; knowing a person and is liable for not putting anyone in peril) 2. Breach of duty (breaking the conduct – putting the person in an unreasonable risk of harm) Ex : Going 35 and hitting someone at a 30 speed limit 3. Factual cause 4. Harm 5. Scope of liability Ryan v. Friesenhahn 17-year-old Sabrina Ryan went to a party hosted by another 17-year-old Todd Friesenhahn with BYOB. Sabrina came, drank, drove back and got into an accident (resulted in death). Parents of Ryan sued parents of Friesenhahn, since Mr. & Mrs. Friesenhahn knew that it was BYOB; your house, your proper duty of care; chose to sue the parents instead of the kid, since it’s an easier case – kid has no money (supervision of children is huge); parents are negligent TJ Hooper A huge amount of coal was brought in barges and dragged by a tugboat; random storm made tugboat lose barges – there were no radios though, although the majority of tugboat owners had them (not mandatory though); since the industry was using radios, it was a typical custom; TJ Hooper was liable to ship the coal from A to B, but not expected to take complete measures to avoid damages; water was not seaworthy enough; now that radio precedent is set, other tugboat owners should have a radio
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