LAW 122 Lecture Notes - Liability Insurance, Contributory Negligence, Lightning
17 Feb 2013
School
Department
Course
Professor
Document Summary
Determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. Professional negligence: is simply negligence committed by a professional; such as banker, lawyer, or accountant. Exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Obligation to use care to avoid harm to plaintiff. Weather if a reasonable person in the defendant"s position would have recognized the possibility. Ex: delivery of envelope, for a regular person, they would not assume that if the envelope was delivered late, it would cause them 1000000$ There must somehow be a close and direct connection between the parties. Physical (eg hit by swung baseball bat) social (eg bond between parent and child) commercial (eg alcohol sold to driver) causal (eg loss occurred without other factors) reliance (eg reasonable use of financial advice) In business context, the best example concerns negligent statements acts vs words. Need for precaution less clear with words.
