LAW 122 Lecture Notes - Lecture 6: Contributory Negligence, Professional Negligence In English Law, Ex Turpi Causa Non Oritur Actio
7 Sep 2017
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The tort of negligence require plaintiff to prove defendant: owed duty of care- defendant required to use reasonable care to avoid injuring plaintiff. Reasonable foreseeability: objective; whether reasonable person in defendant"s position recognize the possibility. Proximity: close & direct connection between the parties pg. 139. Policy: concerned w/ duty of care would have a legal system & on society pg. 141: breached the standard of care- defendant acts carelessly when they should act. Based on reasonable person test: defendant must act in same way that reasonable person would act in similar circumstances pg. The standard of care for professionals: professional negligence pg. 145 + the standard of care for manufactured products: product liability pg. 146,147: caused harm to plaintiff. But-for-test: require plaintiff to prove that would have not suffer loss but for defendant"s carelessness. Yes- plaintiff would suffer same loss even if defendant had not act carelessly. No- plaintiff would have suffer same loss if defendant had not act carelessly.
