LAW 122 Chapter Notes - Chapter 6: Learned Hand, Reasonable Person, Objective Test
8 Apr 2015
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To compensate for harmful risky actions conducted carelessly, but to allow for careful risk-taking prevent harm. Elements of negligence (plaintiff to prove that the defendant): duty of case. Owed a duty of care, in that they were required to act carefully toward plaintiff. Breached the standard of care by acting carelessly: causation. Slip and fall on icy sidewalk in front of store. Opinion of either plaintiff or defendant does not matter. Standard of care is breached when the defendant acts less carefully: reasonable person test. Requires defendant to act in the same way that a reasonable person would act in similar circumstances. Subjective conduct of defendant does not matter. Determination of reasonable standard based on risk management: meteor hits this classroom and kills professor. It is reasonable to spend up to (r) It is reasonable not to spend more than . Standard is higher than a reasonable person in general. Standard may be higher still for specialist or expert.
