BUSI 2601 Chapter Notes - Chapter 11: Misrepresentation, Strict Liability, Reasonable Person
21 Jun 2016
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Reasonable care: the care a reasonable person would exhibit in a similar situation. Negligence law seeks to compensate victims for their loss or injury. It provides this compensation after applying rules that determine who is liable to compensate another, on what basis, and for how much. They must compensate victims of negligence, but without discouraging legitimate activity and without making the legal standards a business must meet unreasonably exacting. Nancial detriment only, such a loss is generally not recoverable because it prevents the defendant from being overwhelmed with liability and to permit recovery of damages in such cases would cause too much litigation in the courts. This section explores two such defences: the defence of contributory negligence and the defence of volenti non t injuria that the plaintiff has voluntarily agreed to assume the risk in question. It refers to unreasonable conduct by the plaintiff that contributed or partially caused the injuries that were suffered.
