LAW 122 Lecture Notes - Lecture 4: Crass, Strict Liability, Legal Tests
Document Summary
Lecture #4 foreseeability- there won"t be a liable cause unless. Strict liability intentional intend action (which ones) -intend harm (which ones) Analysis) standard of care (have i fallen below this standard) . In order to impose liability for the tort. First: duty of care for there to be a duty of care, there must be: reasonable foreseeability proximity. But even if there is a duty of care, a court might not enforce it due to: public policy duty of care: reasonable. Objective test would reasonable person have foreseen risk that harm would occur: slip and fall on icy sidewalk in front of store in. Subjective opinion of either plaintiff or defendant does not matter not perfect average (but who is the average. Proximity- means close and direct physical (driver hits bridge) social (parent and child) commercial (bar and drunk driver)