LAW 122 Lecture Notes - Lecture 6: Product Liability, Professional Negligence In English Law, Contributory Negligence
16 Oct 2016
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Determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. The courts use the concept of duty of care to control the scope of liability under the cause of action in negligence. Exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Without the duty of care, there cannot be a liability even if the defendant carelessly injured the plaintiff. Reasonably foreseeability is objective it is whether or not a reasonable person in the defendant"s position would have recognized the possibility that the activities could injure the plaintiff. Did the parties share a relationship of sufficient proximity. There must somehow be a close and direct connection between parties. If the injury was reasonably foreseeable, and the parties shared a relationship of sufficient proximity, then the duty of care presumably will exist. The judge might still deny the duty of care on the basis of policy reasons.
