MCS 3040 Chapter 11: Chapter 11 The Tort of Negligence
24 Sep 2015
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The responsibility owed to avoid carelessness that causes harm to others. Anyone who might reasonably be affected by another"s conduct. The standard used to judge whether a person"s conduct in a particular situation is negligent. The relationship that exists between the defendant"s conduct and the plaintiff"s loss or injury. The absence of a sufficiently close relationship between the defendant"s action and the plaintiff"s injury step. Donoghue bought a ginger beer from a bar and found a decomposed snail in the contents. Donoghue became ill and subsequently sued the manufacturer for damages based on negligence. Kaurffman riding up a ttc escalator when serveral youth started fighting on the escalator. Kauffman, knocking her over and causing severe injury. Mfg duty of care only to those which had a contractual relationship. No direct contract between end consumer and mfg. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injury your neighbor.
