LAW 122 Lecture Notes - Lecture 7: Product Liability, Contributory Negligence, Professional Negligence In English Law
11 Sep 2017
School
Department
Course
Professor
Document Summary
Exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. The judge might still deny a duty of care, on the basis of policy reasons. The standard of care tells the defendant how they should act. It is breached when the defendant acts less carefully. The standard of care is based on the reasonable person test-the defendant must act in the same way that a reasonable person would act in similar circumstances. The standard of care for manufactured products: product liability. Product liability can occur when a person is injured by a product: liability usually turns on the standard of care, manufacture, design, failure to warn. Even if they owed a duty of care and breached the standard of care, the defendant will not be held liable unless their carelessness caused the plaintiff to suffer a loss: causation is decided from the but-for test.
