LAW 122 Chapter Notes - Chapter 6: Product Liability, Objective Test, Contributory Negligence
9 Dec 2012
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Tort of negligence determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. Requires the plaintiff to prove that the defendant: owed a duty of care, in that it was required to act carefully toward the plaintiff, breached the standard of care by acting carelessly, caused harm to the plaintiff. Professional negligence refers to negligence that is committed by a professional person, such as a banker or lawyer. The special considerations that shape the general cause of action. Tension between the desire to provide compensation and the desire to encourage socially useful activities. Exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Controls the scope of liability under the cause of action in negligence. Without a duty of care, there cannot be liability. A duty of care can now be recognized any time that certain conditions are met. Reasonable foreseeability : test is objective.
