Law 2101 Lecture Notes - Lecture 3: Reasonable Person, Syphilis, Headache
Document Summary
He is a person of normal intelligence who makes prudence a guide to his conduct. He does nothing that a prudent man would not do and does not omit to do anything a prudent man would do. - arland v. taylor. Person going into store to get stuff and leaves small dog in car. P walking and sees the dog: dog goes through window to attack person. Creates shards of glass that goes into p"s eye: not negligent bc its not foreseeable that that would happen, the probability and severity of the harm, social utility of defendants actions, costs of risk avoidance, custom. Difficult situations: bolton v. stone, baseball diamond and played cricket on it. In 30 years, hit 3 homeruns: cricket ball hits lady walking by and breaks her skull, court, but no liability bc the likelihood of injury that a reasonable person would do it anyway. Yes its foreseeable that they"d hit a home run.
