LAW 122 Lecture : Chapter 6 Negligence
Document Summary
Tort of negligence: determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury. Example: investment broker gives bad advice, manufacturer produces a drink that makes consumer sick, inaccurate report that leads to loss, etc. Owed a duty of care, in that it was required to act carefully to the plaintiff. Breached the standard of care by acting carelessly. Defendant may show that the plaintiff (in order to avoid liability): Was guilty of contributory negligence that caused or contributed to the injury. Voluntarily assumed the risk of being injured by the defendant. Was injured while engaged in some form of illegal behavior. Important side notes: the cause of action in negligence is flexible enough to reflect different types of situations. The standard of care requires the defendant to act as a reasonable person would act in similar circumstances.