BLAW 2301 Chapter Notes - Chapter 9: Special Duty, Reasonable Person, Comparative Negligence
Document Summary
Determined on if it is foreseeable, and railroad company is not to blame because the situation wasn"t foreseeable. Duty of due care - defendant had a legal responsibility to the plaintif. Breach of duty - defendant breached her duty of care or failed to meet legal obligations. Factual cause - defendant"s conduct actually caused the injury. Is it foreseeable for the person to be harmed that way, type of harm. Damages - plaintif has actually been hurt or has actually sufered a measureable loss. Does the defendant have a duty of care to the injured person. Underage drinking at a frat party, the frat and the school has a foreseeable duty to care that they cannot serve the. Lowest liability - trespassing adults o o o. Will only be liable to them for intentional torts or other gross misconduct. Licensee - a person on another"s land for her own purposes but with the owner"s permission.
