LAW 122 Lecture 5: Chapter6
2 Oct 2017
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Document Summary
Teaching approach: discrete components and holistic analysis, professional negligence and product liability. Additional teaching suggestions: duty of care and the careless infliction of psychiatric injury, breach of standard of care and compliance with approved practice, remoteness of damage, voluntary assumption of risk. Discussion boxes: ethical perspective 6. 1 duty of care, business decision 6. 1 reasonable foreseeability and risk management, ethical perspective 6. 2 tobacco litigation, you be the judge 6. 1 the but-for test, business decision 6. 2 remoteness and thin wallets. The previous three chapters provided a general overview of tort law and a brief introduction to several specific torts. This chapter contains a much more detailed discussion of the most significant tort: negligence. In terms of the organization and presentation of the materials, it is important to bear in mind two considerations. First, there is a persistent tension as to the manner in which the cause of action in negligence is analyzed.
