LAW 122 Chapter Notes - Chapter 6: Product Liability, Reasonable Person, Contributory Negligence
1 Aug 2020
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Tort of negligence when defendant carelessly causes plaintiff to suffer loss or injury. Test: owed duty of care that required defendant to act carefully toward plaintiff, breached standard of care by acting carelessly, caused harm to the plaintiff. Professional negligence: simply refers to negligence that is committed by a professional person. Tension between values: desirable to allow people to collect compensation for losses, also, important to recognize that liability sometimes hurts society. If defendant is guilty, should pay for loss, but could lead to bankruptcy. Duty of care exists if the defendant is required to use reasonable care to avoid injuring plaintiff: without duty of care, can"t be liable. Test for determining the existence of duty of care. Test for duty of care recognition: precedent. Judge will ask whether or not the duty of care question has been answered for particular type of case that is being litigated: new duty.
