CH. 11 Flashcards
What is the conduct that the Law of negligence addresses?
Assesses a careless act that causes harm to another ( failure to show reasonable care )
What are the 5 principals of the law of negligence
1) Duty of Care: does the defendant owe duty of care ?
2) Did the Defendant breach the standard of care?
3) Did the plantiff sustain damage
4) Was that damage cuased by the breach ?
5) Was the damage too remote ?
What are possible Defenses in the law of negligence ?
- Voluntary assumption of risk
- Contributory Negligence
What is the difference between Negligence and Strict liabillity
Strict liabillity => It does not matter if you were careless/negligent or not. Even if you act reasonabilly, and somthing happens YOU ARE LIABLE
- Usually the case with environment
Negligence => need to proff the defendant did was careless ( belowe the standard of care reuiqred by a reasonable person )
How do you determine if there was a duty of care ? ( 2 objective + 1 Subjective )
objectively:
- reasonable forseabillity: is the harm occured, reasonably forseable consequence of the defendant’s act
- proximity: did both parties have a close relationship to impose a duty of care
subjectively:
- are there other policy (social values) considerations that negate imposing duty of care
( i.e. compulsory altruism - cannot sue for not rescuing someone, mother does not owe a duty of care to its unborn child )
What is Contributory Negligence
unreasonable conduct by the plaintiff that contributed—or partially caused—the injuries that were suffered.
What is Voluntary Assumption of Risk
plaintiff consented to accept the risk inherent in the event that gave rise to the loss. => understands there is no duty of care regarding damages that are inherent from that activity.
obs: when you sign a release form (climbing or skiing )
- you do not have the right to sue from a broken leg
( reasonable expected and foreseeable risks of undertaking that activity ) VS the rooftop collapses.
What is Product Liability
Liability related to the design, manufacture, or sale of the product
What is Strict Liability? What are the areas it usually applies to?
Liability will be imposed irrespective of proof of negligence. Fires, Dangerous Animals, escape of dangerous substances
What is negligent Misstatement?
Bad Advice, incomplete report
How do you determine if the standard of care was breached?
1st access how risky the consequences of the activity is
- the risker the activity, the higher the standard of care is
what are Statuary Standards
Some standards of care that involve legislation
What is pure economic loss? Exemplify
the loss that is only financial and involves no personal injury or property damage to the plaintiff.
Case: Delloitte fails to find errors in the audit of a company. Why shareholders of company x cannot sue Deloitte?
- pure financial loss
- they are a third party ( no proximity, no duty of care owned )
In the concept of product liability, what is the contractual relationship between retailer and customer
retailer’s promise to supply a non-defective product.
breach of contract is strict and there is no defense for it
