LAW 122 Chapter : Chapter Six.docx
Document Summary
Rules: reasonably forseeable, did they know, proximity, close and direct relationship between the parties, social relationship, commercial relationship, casual connection. Breach of the standard of care: tells defendant how it should act, reasonable person test: required defendant to act in the same way that a reasonable person would act in similar circumstances, does not maker allowances for defendants personality, lower standards for children, something may be reasonably foreseeable even if it is unlikely to occur, reasonable person, likelihood of harm, severity of harm, affordable prevention, sudden peril doctrine: states that even a reasonable person may make mistakes in tough situations (eg emergencies) Still must conform to reasonableness: must act as a reasonable professional would, based on information available to defendant at time of accident, mere errors of judgment do not result in liability (choosing what a physicians would usually chose and then having it fail, approved practice generally cannot be held liable.