AFM231 Chapter Notes - Chapter 11: Eggshell Skull, Contributory Negligence, Intentional Tort
19 Jun 2017
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Law of negligence: carelessness is a failure to show reasonable care, the care that a reasonable person would exhibit in a similar situation. Plaintiff need not show that defendant acted out of malice, but out of negligence to make a case. Negligence law used to compensate victims: after application of rules, and the amount, court has tough job of balancing the punishment with leeway. Too much risk of negligence drives people away. Donoghue vs stevenson case: created the modern tort of negligence. Up until 1932, it was very hard to sue in negligence because it didn"t tell us when we were responsible. Law of privity said unless we had a contract, i"m not responsible. Many consumers were not able to recover harm from manufacturer because there was no direct contract between manufacturer and consumer. Problem: person injured donague did not buy the beer so under the negligence law, she can"t sue the manufacturer.
