LAW 122 Lecture Notes - Lecture 4: Analgesic, Manhole, Reasonable Person
4 Oct 2017
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Purpose: to compensate for harmful risky actions conducted carelessly, but to walk down the street. allow for careful risk-taking. Would reasonable person have foreseen risk of loss? . Unfair to deny liability for subjective deficiencies. Social (ex: bond between parent and child). Commercial (ex: alcohol sold to driver or manufacturer and consumer). Should there be a general duty for this relationship? . Need for precaution less clear with words. Words more likely to cause pure economic loss. Statement of fact rather than pure opinion. Interfere with political decisions (ex: professional regulatory. Hurt a valuable type of relationship (ex:mother and unborn bodies). child). Duty of care may be rejected for external reasons. Standard of care (second element of negligence). How would a reasonable person act in this situation? . Standard applied at time of alleged breach (no hindsight). Gives the courts a great deal of flexibility as to whether defendant was careless.
