LAW 122 Chapter 6: Chapter #6.docx
27 Feb 2012
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Tort of negligence: determines whether the defendant can be held liable for carelessly causing injury to the plaintiff y ex. A manufacture may produce a beverage that makes a consume sick y. Duty of care + breached standard of care + causation of loss = liability unless defence y. There are 2 preliminary matters: professional negligence: refers to negligence that is committed by a professional person such as a banker or lawyer, or an accountant. have to act as a reasonable person: law of negligence contains a tension between two important values. On the one hand, the courts want a wide scope of liability in order to compensate people who suffer injuries. In the other hand, the courts recognize that the imposition of liability sometimes actually hurts society. quite difficult to sue a physician, largely because judges do not want to discourage doctors from practicing in risky areas, such as obstetrics.
