LAW 122 Chapter Notes - Chapter 6: Ginger Beer, Mortgage Broker, Contributory Negligence
Document Summary
Reasonable foreseeability: reasonable foreseeability test is objective, whether a reasonable person in the defendants position would have recognized that possibility. Proximity: open the floodgates by encouraging a large number of people to swamp system and on society generally, court may ask: the courts with lawsuits, interfere with political decisions, hurt a valuable type of relationship. Dentists mortgage broker, stockbrokers, physicians, accountants, etc. also have this. Standard of care tells the defendant how they should act. It is breached when the defend acts less carefully. Sudden peril doctrine states that even a reasonable person may make a mistake under difficult circumstances. The standard of care for professionals: professional negligence: two important factors: 1st, existence of a close relationship between the parties, Design: courts usually impose liability if defendant carelessly manufactured a product that injured the plaintiff, donoghue v stevenson is the classic case. The standard of care for manufactured products: product liability.