AFM231 Chapter Notes - Chapter 11: Reasonable Person, Strict Liability, Contributory Negligence
13 Sep 2015
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Failure to show reasonable care (care a reasonable person would exhibit in a similar situation) Common tort action broad range of harmful conduct: ie injury by dangerous driving truck driver, suffered loss by relying on poor advice from professional, furniture damaged by moving company. Doesn"t need to show intention or deliberate acts to cause damage; makes the defendant liable for failing to act reasonably. Negligence law like tort seeks to compensate victims for their loss or injury. After applying rules of liability, it provides compensation. Need to balance competing interests ie if they need to compensate, their products might have higher cost. Need to compensate victims without discouraging legitimate activity. Purpose is to describe general standards or markers that help a court assess whether the defendant in any given case has been negligent (not that specific) Liable if owes the duty of care to anyone who is a neighbour.
