LAW 122 Final: Midterm/Final exam notes on Chapters 6, 21, 7, 8
16 Apr 2017
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Legal causation: remoteness (this and factual causation must both occur) Essential elements of a contract: intention to create legal relations, meeting of the minds. 2b) managing risk: invitation to treat (invitation for offers) To compensate for harmful, risky actions conducted carelessly, but to allow. The left side: liability for everything - high caution. No one will take risks due to liability. But some risk taking is necessary for innovation, art, and even basic freedom. The right side: no liability whatsoever - high risk. Others will be injured, and life becomes too risky. All the above 3 elements must be met to impose liability for the tort of negligence. Elements to be meet for negligence: duty of care, precedent. For example doctors have a duty of care to patients i. i. ii. b. Policy: breach of standard of care, reasonable person test i. ii, causation.
