MCS 3040 Chapter Notes - Chapter 11: Reasonable Person, Product Liability, Vicarious Liability

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The law understands carelessness as a failure to show reasonable care the care a reasonable person would exhibit in a similar situaion. The tort of negligence makes the defendant liable for failing to act reasonably. The defendant will be liable if it owes what is known as a duty of care the responsibility owed to avoid carelessness that causes harm to others. Neighbour anyone who might reasonably be afected by the defendant"s conduct. If the case is comparable to an already-decided case, then stage one can be skipped. Is there a relaionship of suicient proximity between the paries such that is would be unfair or unjust to impose a duty of care on the defendant? a. b. Reasonable person the standard used to judge whether a persons conduct in a paricular situaion is negligent. Court will hear from an expert witness, who will present evidence of what a standard is.

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