BLAW 3100 Chapter Notes - Chapter 5: Contributory Negligence, Misfeasance, Reasonable Person
Document Summary
For requirements elements must all be established to succeed in negligence action. If it would be apparent to a prudent person that the conduct was likely to care injury, a duty is owed. We owe a duty to anyone we can reasonably anticipate might be harmed by our conduct. Anns case: created two stage test for determining the existence of a duty of care. There must be a relationship of proximity between the claimant and defendant such that the harm caused by the defendant"s action was reasonably foreseeable. There must be no policy consideration which restrict or extinguish the duty. However, special relationships have been created to establish when one has a duty to his employee, parent to his child, doctor to his patient. Reasonable person test: what would a reasonably prudent person, in possession of all facts of the case, have done in this situation? . Standard of care in reasonableness as opposed to average on perfection.
