LAW 122 Lecture Notes - Lecture 8: Child Ballads, Contributory Negligence
Document Summary
1: definition, the careless causing of harm to a pl, purpose, to compensate for harmful, risky actions conducted carelessly, but to, practice: #(cid:884) p (cid:883)57 allow for careful risk-taking. 2: legal test, owed a duty of care the def"d was required to act carefully toward. The pl must prove that the defendant: the pl: breached the standard of care by acting carelessly, caused harm to the pl. )f the pl proves all three then, the def"d may be liable. Donoghue v stevenson (hl, 1932): case brief 6. 1 p 137. Donoghue v stevenson (hl, 1932: legal issue: does a manufacturer owe a duty of care to a person who consumes, but did not personally buy, the product, lord atkin: (eld: yes! Reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Mother owed a duty of care to unborn consumer child.
