BLAW 3201 Chapter : Chapter 8 Notes
Document Summary
Negligence: negligence: conduct that falls below the standard established by law for the protection of others against unreasonable harm, this is an unintentional tort. If a person does not create harm, it is not an actionable case of negligence. If a person does cause harm without intent, it is a case of negligence. If a person does not cause a person to be in a threatening situation, the on-looker does not have a legal obligation to act: exceptions, babysitters to children, schools to students, hotels to guests. Defenses to negligence: contributory negligence: failure of a plaintiff to exercise reasonable care for his own protection, which in a few states prevents the plaintiff from recovering anything. In negligence cases, the plaintiff is often liable of negligence as well: the defendant is hoping that the liability will be reduced and maybe even eliminated. In this state, if the plaintiff is found to be at any type of fault, the plaintiff gets.
