BUS 018 Lecture Notes - Lecture 32: Reasonable Person, Contributory Negligence, Comparative Negligence

• School: College of The Sequoias
• Department: Business (BUS)
• Course: BUS 018
• Professor: Baiza

Document Summary

Must consider all injuries that a reasonable person could reasonably foresee. If no injury is reasonably foreseeable, never liability no matter what: reasonable efforts to prevent. Must undertake reasonable efforts to prevent all foreseeable injuries that might arise from contemplated act. Reasonable efforts are those that a reasonable person would undertake in the circumstances to prevent all reasonably foreseeable injuries: an unintentional tort, motive (intent) irrelevant, conduct, foreseeable injuries, reasonable efforts to prevent. Duty of care = reasonable person standard: reasonable person = how an ordinarily prudent person should act in the circumstances to prevent injury to public or plaintiff, reasonable person: a hypothetical person, objective, abstract standard. Elements of negligence: introduction, duty of care (act as reasonable person , breach of duty of care, causation: actual & proximate, injury (legally recognized, defenses to negligence, contributory/comparative negligence, assumption of risk, superseding cause. Contributory negligence contributed to injury because both parties broke the law.