LEGL 215 Lecture Notes - Lecture 7: List Of Domesticated Animals, Res Ipsa Loquitur, Strict Liability
17 Aug 2018
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Key points - week 6 chapter 7 strict liability and product liability. Negligence: failing to exercise the standard of care that a reasonable person would exercise in similar circumstances. Negligence requires no intent on the part of the tortfeasor, nor does it require that the tortfeasor know or believe the consequences that his act or omission may cause. Negligence merely requires that the tortfeasor"s act or omission create a risk of the consequences complained of by the injured party. Actionable negligence requires that: the tortfeasor owed the plaintiff a duty of care , the tortfeasor breached this duty. 2: a legally recognizable injury was actually caused. Duty of care: the duty of all persons to exercise reasonable care in their dealings with others. Reasonable care: the degree of care expected of a reasonable person ; not necessarily how a reasonable person would act, rather how a reasonable person should act.
