BBG E231 Lecture Notes - Lecture 7: Reasonable Person
Document Summary
There are 4 elements (requirements) of negligence: duty- an obligation, breach of duty- violation of an obligation, causation cause and effect ( because someone breached __ duty, it resulted in #4 , injury/harm. The violation of your obligation caused you to have/do injury or harm. Objective standard- what someone outside of the equation think. Scenario: person trips on ice outside of a restaurant because they didn"t shovel and she injured herself (u must show there was an actual injury, if there was no physical injury then she won"t win) Negligence u must have an injury/ show that the defendant"s negligence caused the plaintiff"s injury. The cause of action (= when someone has something to sue over) would be negligence. Plaintiff has to prove the 4 elements. Reasonable person standard : the duty of care imposed by law is measured by the degree of carefulness that a reasonable person would exercise in a given situation.