BUSL 2550 Lecture Notes - Lecture 7: Product Liability, Good Samaritan Law, Contributory Negligence
12 Dec 2016
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Negligence has mens rea (guilty mind of some degree) Strict liability no mens rea (regardless of how careful you are, you are liable class member was harmed; ex: running into the back of someone else"s car. Negligence per se- legislation, administrative rule or regulation that is designed to protect a class of person and that the defendant committed the act and a protected. Assault and battery- hitting someone from in front and he sees it coming. Battery- hitting someone from behind as a surprise. A duty to behave in a reasonable and prudent manner. The breach was the cause of injury (but-for test) The resulting injury should have been foreseeable to a reasonable and prudent person. Assumption of risk: plaintiff is barred from recovery because the plaintiff voluntarily and knowingly assumed known risks. Open and obvious : doctrine under which the landowner is protected from liability if an invitee is injured by an open and obvious danger or hazard.
