LAW 122 Chapter Notes - Chapter 6: Contributory Negligence, Product Liability, No Liability
28 Aug 2016
School
Department
Course
Professor
Document Summary
Negligence: determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. Chapter 6: negligence: prove that the defendant. Owed a duty of care: required to act carefully toward the plaintiff. Breached the standard of care by acting carelessly. Was guilty of contributory negligence: cause or contributed to the injury. Voluntarily assumed the risk of being injured by the defendant, plaintiff knew of the risk. Defendant is required to use reasonable care to avoid injuring the plaintiff. The plaintiff relied on the statement for its intended purpose. Made in response to an inquiry (person who specifically asked for information can be relied upon) Defendant was paid for the statement (pay to reply upon it) Issued disclaimer: disclaims responsibility, reasonable person will not rely upon statement, less likely to impose duty of care: proximity. Defendant knew the plaintiff (individual, member of a group) might rely on the statement.
