BUS 393 Lecture Notes - Res Ipsa Loquitur, Reasonable Person, Costco
Document Summary
Negligence: inadvertent or unintentionally careless conduct causing injury or damage to another person or his property. A duty of care is owed to the plaintiff. Reasonable foreseeability test, foreseeable plaintiff test: we owe a duty of care to anyone (plaintiff) whom we can reasonably anticipate might be harmed by our conduct; Must be reasonably foreseeable and close in proximity. Policy considerations can negate the duty of care ingredient for negligence (pg. Breach of the duty; breach of the standard of care. To avoid liability, you must be reasonable in your actions. Res ipsa loquitur: the thing speaks for itself; liability may be established by circumstantial evidence. Prima facie: on the face of it; court finds circumstantial evidence that establishes a case, then turns to defendants to produce evidence that they were not negligent. But for test (physical causation): but for the careless conduct, damage would not have been caused.