LAW 122 Chapter Notes - Chapter 6: Product Liability, Liability Insurance, Contributory Negligence
6 Sep 2016
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Duty of care: exists if the defendant is required to use reasonable care to avoid injuring the plain- tiff. 9/6/16 reasonable foreseeable: it is objective, would a reasonable person have recognized the problem. Proximity: must be close or direct connection between the parties physical proximity social relationship commercial relationship direct or causal connection the plaintiff relied on the defendants respresation. Policy: it could open the floodgates for many lawsuits, interfere with political decisions, and hurt a valuable type of relationship. Standard of care: tells the defendant how they should act. Breached: when the standard of care isn"t there and the defendant acts less carefully reasonable person test, requires the defendant to act in the same way that a reasonable person would act. Pro to stricter liability for manufacturers: better compensation for injuries, encouragement for safer products, make them pay for the losses that were the result of the injury.
