LAW 122 Lecture Notes - Lecture 4: Learned Hand, Objective Test, Reasonable Person
2 Feb 2017
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Definition: the careless causing of harm: careless -> unintentional, unreasonable; causing -> the reason of harm is carelessness, the tort of negligence determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. Purpose: to compensate for harmful risky actions conducted carelessly, but to allow for careful risk-taking. ; a matter of who"s responsible; the defendant was required to act carefully toward the plaintiff. Standard of care how should the defendant care? (ex. taking reasonable precautions to prevent harm); defendant acted carelessly. Slip and fall on icy sidewalk in front of store. > because it doesn"t snow in florida, homeowners are not responsible for injuries due to their icy sidewalk: not subjective. Opinion of either plaintiff or defendant does not matter: not perfect average. Proximity means close and direct: physical. What effect would a duty of care have on society and legal system: open the floodgates for litigation.
