LAW 122 Chapter Notes - Chapter 6: Professional Negligence In English Law, Contributory Negligence, Product Liability
26 Mar 2017
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Duty of care: obligation to use care to avoid harm to plaintiff nature of duty of care: mechanism to control scope of liability no duty of care: liability not possible duty of care: liability possible. Criteria for duty of care include reasonable foreseeability, proximity, and policy: reasonable foreseeability: objective test, would reasonable person have foreseen risk of loss? o broad concept usually satisfied, sufficient if not far-fetched (even if not probable. Courts are more reluctant to impose a duty of care if the plaintiff"s complaint is that the defendant"s careless statement (as opposed to careless action) caused a pure economic loss (as opposed to physical harm). Therefore, there are some additional requirements for establishing a tort claim based on a negligent statement. Liability for negligent statements is more likely if defendant claimed special knowledge statement communicated on serious occasion statement made in response to inquiry defendant received financial benefit statement of fact rather than pure opinion.
