LE 101 Lecture Notes - Lecture 20: Fetus
13 Dec 2016
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Document Summary
A careless infliction of harm as opposed to an intentional one. Failure to act as a reasonably prudent and careful person is expected to act. Elements of negligence- duty-caution-breach of duty- harm- (what"s needed for. Duty: the law imposes a duty to act with due care. Due care is defined in terms of how a. Reasonably prudent person would act in a situation or how would a reasonably prudent person with some specialized training act. Duty owed in a degree consistent with their ages, physical and mental conditions or specialized training. Most states: we owe the duty to act with due care to anyone who suffers harm as a proximate or direct result of a person"s actions. Some states: duty is owed to those persons for whom there is a foreseeable risk. Sometimes, for policy reasons, event though the plaintiff was foreseeable, the court will hold that no duty is owed .
