LAW 122 Lecture Notes - Lecture 4: Reasonable Person, Arsenic Poisoning, Contributory Negligence
13 Apr 2016
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The tort of negligence balances the interest of plaintiffs and defendant. It tries to compensate plaintiff for having caused by actions conducted carelessly; while allowing the defendants to take some risks. Is there a duty of care to the plaintiff? (why should the defendant care about the plaintiff?: standard of care. What is the standard of care and did the defendant breach it: causation. Analyzes the relationship between the plaintiff and the defendant to determine if the defendant owed a duty to the plaintiff (or someone like the plaintiff) to avoid causing harm. Ex:: donoghue v stevenson (1932 hl) (textbook p. 137) A manufacturer owes a duty of care to a consumer of its product (created a modern liability cases) Ex: car accidents - between drivers and other users of the road etc. If there and no precedents, the court will apply a 3-part test: 2: was the harm to the plaintiff reasonable by the defendant? b) c)
