BLAW 2013 Lecture Notes - Lecture 21: Contributory Negligence, Professional Negligence In English Law, Comparative Negligence

• School: University of Arkansas
• Department: Business Law
• Course: BLAW 2013
• Professor: Greenhaw

Document Summary

Injury due to failure to live up required duty of care. Not wish to bring consequences/ not believe they would occur. 4 basic elements (have to be proven: duty (what they had to do) Defendant owed duty of care to plaintiff. Free to act unless actions infringe on interests of others. Nature of act, manner, nature of injury= considered by court. Reasonable person standard: in determining duty of care. Duty of landowner: reasonable care to protect ppl from harm on land: business invitees. Duty to warn invitees of foreseeable risks. Duty to discover & remove hidden dangers (owner should have known: [exception]: obvious risks. So obvious that not need to warn. Dif cult to identify (child"s view etc. : duty of professionals. Professional: conduct must be consistent w, status (physicians, dentists, architects, engineers, accountants, lawyers) => fail= malpractice (professional negligence) < can be sued: breach of duty (they did not do what they had to do)