LAW 122 Chapter Notes - Chapter 4: Legal Tests, Contributory Negligence, Reasonable Person
21 Apr 2016
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Defenses to negligence: contributory negligence, voluntary assumption of risk. Definition of negligence the careless causing of harm. To compensate for harmful, risky actions conducted carelessly, but to allow for careful risk-taking. Elements of negligence: for them to be liable there must be all 3 met. Duty of care: elements: reasonable foreseeability of harm: Was it reasonably foreseeable that the plaintiff could be injured by defendant"s carelessness: proximity: between parties. Did the parties share a relationship of sufficient proximity? (nearness in time, space, or relationship. ) However, even if there is a duty of care a court might not enforce it due to: public policy. What effect would a duty of care have on society and legal system? (3 reasons) 1. duty of care still may not exist even if there is reasonable foreseeability and proximity. Slip and fall in front of store. Opinion of either plaintiff or defendant does not matter.
