LAW 122 Chapter Notes - Chapter 6: Crystal Computing, Breast Implant, Manhole
8 Apr 2014
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Carelessness in non-legal terms basic issue; whether the type of harm plaintiff suffered was a reasonably foreseeable result of the defendant"s carelessness. Tort of negligence: determines if defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury, can arise in many ways; Tort of negligence requires a plaintiff to prove: owed a duty of care in that they were required to act carefully toward the plaintiff, breached the standard of care by acting carelessly, caused harm to the plaintiff. Professional negligence not its own tort; negligence performed by professionals in professional context; ex. Banker, lawyer, etc. the special considerations that shape the general cause of action in negligence when it is applied to professional people. Exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Test for determining the existence of duty of care.
