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Ch 8 Negligence (98% on the test)

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Business Law
BLAW 3201
All Professors

Ch 8NegligenceBreach of Duty of CareDefinition of Negligence conduct that falls below the standard established by law for the protection of others against unreasonable risk of harmIf there was no way of avoiding an accident say the driver had a heart attack the driver will not be liableThe plaintiff must prove each of these elements1 Breach of duty of care that a legal duty required the defendant to conform to the standard of conduct established for the protection of others and that the defendant failed to conform to that standard2 Proximate Cause that the defendants failure to conform to the required standard of conduct proximately caused the injury and harm the plaintiff sustained3 Injury that the injury and harm is of a type protected against negligent interference or conductReasonable Person Standard degree of care that a reasonable person would exercise in a given situationDuties to Possessors of LandDuty to Trespassers not to injure intentionallyOwner must warn trespassers of potentially dangerous conditionsDuty to Licensees to warn of known dangerous conditions licenses are unlikely to discover themselves Examples of licensees include members of the owners household social guests and salespersons calling at private homesDuty to Invitees to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discoverProximate CauseCausation in Fact the defendants conduct was the actual cause of or a substantial factor in causing the injuryLimitations on Causation in FactUnforeseeable Consequences no liability if defendant could not reasonably have anticipated injuring the plaintiff or a class of persons to which the plaintiff belongsSuperseding Cause an intervening act that relieves the defendant of liability
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