LAWS 2202 Lecture Notes - Lecture 3: California State Route 1, The Injury, Breach (Security Exploit)
22 Apr 2016
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Chapter 3 contours of obligations in negligence. Arland and arland v. taylor ont ca1: facts a 9 year old pedestrian was walking on a highway during wet and foggy weather. Visibility was poor and the respondent struck the 9 year old. Issues whether the onus of proof that the damages sustained by the plaintiff did not arise through the negligence of the defendant, rests on the defendant. The judge instructed the jury by telling them to put themselves in the defendant"s position and determine what they would have done. The judge was in error in those instructions to the jury. Reasonable man : mythical creature of law whose conduct is the standard by which the courts measure the conduct of all other persons and find it to be proper or improper in particular circumstances. He is not required to display the highest skill of which anyone is capable, doesn"t possess genius sills of foresight.
