LAW 122 Lecture Notes - Lecture 4: Lightning, No Liability, Product Liability
24 Mar 2016
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Purpose is to compensate for harmful, risky actions conducted carelessly, but allow for careful risk-taking. For the defendant to be liable, they must: duty of care owe the duty of care toward the plaintif. Why should the defendant care? (relational/proximity analysis: standard of care act carelessly. How should the defendant care? (analyze the act or omission: causation cause the plaintif to sufer a loss as a consequence of their carelessness. Who should care? (is there a connection between what the defendant has done and the injury sufered by the plaintif?) ***all three elements must be met to impose liability for the tort of negligence*** The defendant can avoid liability, at least in part, by proving defence of: contributory negligence (or) 2. Without duty of care, there cannot be liability. A duty of care exists when the defendant is required to use reasonable care to avoiding injuring the plaintif. Commercial: bar and drunk driver; manufacturer and consumer (donoghue)
