Philosophy 2080 Study Guide - Basic Direct Access Method, Eaves, Fresh Evidence
24 Sep 2014
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Scc/final decision: does defendant owe a duty of care to plaintiff. Extent of duty is determined by proximity (remoteness) Person standard: defendant cannot argue that he didn"t foresee potential injury, what would any reasonable person foresee. Person standard: what did this defendant actually know/foresee. Defendant: no duty of care owed, nothing in the situation was thought to have potential for peril, maybe wrong on package carrier but not on train employee, without foreseeability there is no duty owed. Sued manufacturer for failing in its duty to. Package dropped & exploded: damage to plaintiff. Sued man on train for pulling man up. Plaintiff 8m pregnant: witnesses accident where motorcyclist. You must take reasonable care when proceeding with actions or omissions that you can reasonably foresee harming your neighbor: neighbors are persons who are reasonably foreseeable as being affected by your actions or omissions. A duty of care is not owed to the world at large; it is owed to your neighbors.
