LAW 122 Lecture Notes - Lecture 4: Product Liability, Objective Test, Reasonable Person
28 Oct 2017
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Is there a duty of care to the plaintiff? (why should the defendant care about the. 137 case brief 6. 1: a manufacturer owed a duty of care to a consumer of its product (created the modern product liability cases) Objective test: defendant"s carelessness: would a reasonable person have anticipated the plaintiff would be harmed by the. Ex: slip and fall on icy sidewalk in front of store it is reasonably foreseeable that if you do not clear the ice, a pedestrian walking by will slip and fall. Defendant courier company agrees to deliver package for plaintiff by dec. 31 for. Plaintiff did not tell courier that, if package is delayed, it will suffer a loss of million. Courier delivers the package late plaintiff sues courier for million. Duty of care test part 2- proximity: proximity means close and direct connection between the plaintiff and defendant, ex, social relationship (parent and child, commercial relationship.
