SOSC 1375 Lecture 7: Tutorial 7
15 Aug 2018
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3 standards of negligence: foreseeability, duty of care, negligence. To sue someone for negligence there must first be a right-duty relationship. There must be an element of foreseeability: the ability to predict a likely outcome from their actions. Can be found negligent both by doing nothing and by trying to help in certain situations: e(cid:454). Person in (cid:272)ar (cid:272)rash: if (cid:455)ou don"t help (cid:455)ou (cid:272)an (cid:271)e sued, if (cid:455)ou do help and the person dies because of your actions you can still be sued. Rights are applied in a case by case basis. Rights are not secure they are subject to limitation. Normative standard was a straight, white, middle class male: hard to meet that standard, considered to be mythical. Guy selling porn deemed to be too graphic. Fought it saying that it was protected under his freedom of expression. Case created the community standard test to determine whether or not things are deemed to be obscene.
