ADM 3360 Lecture Notes - Lecture 4: Intentional Tort, Professional Negligence In English Law, Reasonable Person
30 Oct 2017
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Parking garage operators, fail to purchase the required ticket left on the property without permission. Separate tort (separate cause of action) action for fraud. Intentional or reckless misrepresentation false statement that is made knowingly or recklessly, careless of whether it is true or false (derry vs. Peek) relate to defamation actions and gossip: negligence: unreasonable conduct (not a judgment call, less precise a description), including a careless act or omission that causes harm to another. Deficiencies of conduct relative to the behavior of a reasonable person in similar circumstances. Consider when you are rear-ended by another vehicle. Taxi driver is injured due to an unsafe lane change by another driver. Lawyers, accountants give clients in competent advice that causes loss breach of contract and professional negligence. General standard of care is peer-based: what would a reasonable prudent person do in similar circumstances ( incompetent advice of a professional what advice would a reasonable prudent professional give in similar circumstances?)
