LAW 122 Lecture Notes - Lecture 4: Manhole Cover, Strict Liability, Crass
9 Feb 2018
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Age when rationality, science, evidence, logical argument and debate are displaced by superstition, faith, opinion and orthodoxy. The mere moralistic expression of approval or disapproval, preference or detestation is currently being used in our world as a substitute for observation and a substitute for study. Tort: which tort potentially, strict liability. Intend action (which ones) and intend harm (which ones: apply facts to law, conclusion. Negligence: definition, the careless causing of harm, purpose, to compensate for harmful, risky actions conducted carelessly, but to allow for careful risk- taking. First: a duty of care: reasonable foreseeability, proximity, public policy, statements. Second: a standard of care: legal test, social utility, sudden peril, professionals, products and processes. Third: causation: but for p"s actions there would be no damage, notwithstanding p"s actions, p did not cause the damage. Elements of negligence duty of care 1. First, for there to be a duty of care, there must be: reasonable foreseeability, and, proximity.
